What kind of warrants are there

An order, summons , warrant or any other process of the Court is not invalid by reason of any defect of substance or form [see Criminal Procedure Act SA s ]. The Court may amend any order, summons, warrant or other process to correct the defect of substance or form and may revoke the order, summons, warrant or other process where the person the subject of the warrant has been substantially prejudiced by the defect [see Criminal Procedure Act SA ss 2 a and 2 b ].

The Governor may cancel a warrant for the apprehension of a person if it has not been executed within 15 years from the day it was issued and may cancel any other warrant if it has not been executed within 7 years from the day on which it was issued [see Criminal Procedure Act SA ss AA 1 a and AA 1 b ].

A warrant which has been cancelled ceases to have any force or effect and must be destroyed [see s AA 2 ]. The Magistrate will want to know why the person was late. This can occur where the order for the warrant has not yet issued and remains in the court building. Those who attend court late after an issue of warrant will have to hand themselves into the nearest police station but may require the assistance of the duty solicitor to apply for bail when they are subsequently brought to court for a bail application.

A common reason for non-appearance at court is that the summons has not been served on the defendant, because the defendant has moved address [see Courts and Jurisdiction chapter for service requirements]. The defendant therefore does not attend court on the day required because they are unaware of the requirement to do so. The law makes no allowance for this situation.

With the execution of warrant , the defendant may still be arrested, or if they voluntarily hand themself in to the police, must still be held in the police cells until brought before a Magistrate for a bail application. When the summons has not been served the court file is endorsed with SNS for the words summons not served. The prosecution will usually not oppose a simple bail agreement where it is demonstrated that the failure to appear at court was due to the summons not being served.

When a defendant who is on bail fails to attend court on any given date, the Court may cancel their right to be at liberty and issue a warrant for their arrest [see Bail Act SA ss 18 1 a and 18 1 b and Warrant of Apprehension Form 6]. The execution of warrant takes place upon the arrest of the defendant, or their surrender to the police and an application for fresh bail must be made in the appropriate court.

The Court may allow time for payment of the amount forfeited and allow payment in instalments [see s 19 3a ]. A prescribed reminder notice fee will be added to and form part of the pecuniary sum in respect of which the notice is issued.

Under section 19, if a person fails, within 14 days of the reminder notice being issued, to pay or enter into an arrangement for payment under section 15, the Chief Recovery Officer may at any time do one of the following:.

A person who, without reasonable excuse, refuses or fails to comply is guilty of an offence [s 29 4 ]. Under Part 2, Division 2, the court may, on application of the Chief Recovery Officer, make community service orders where satisfied that the debtor does not have, and is not likely to have in a reasonable time, the means to pay the debt without them or their dependants suffering hardship [s 46 1 ].

Where a person fails to comply with a community service order section 47 allows that a term of imprisonment may be imposed. Under section 47 4 the court may issue a notice requiring the person to appear before the court to show cause why a warrant of commitment should not be issued against them for the default or issue a warrant for their arrest [s 47 4 ]. If a person fails to appear before the court a warrant may be issued for their arrest [s 47 5 ].

The term of imprisonment to be imposed is determined with reference to the hours of community service to be performed [s 47 2 ]. Where the debtor is a youth, the court may make an order for home detention [s 47 6 b ]. If the court is satisfied that the failure to perform community service was trivial or that proper grounds exist for excusing the failure, the court may refrain from issuing a warrant of commitment and may extend the period of the order however not for more than 6 months or impose a further order if the order has since expired.

The court may also cancel the entire number of unperformed hours or a part thereof [s 47 8 ]. Where the presiding or deputy presiding members of the Parole Board suspect on reasonable grounds that a person has breached a condition of their parole , they may of their own motion or upon application of another member of the Parole Board, the Chief Executive of a police officer issue a warrant for the apprehension and detention of the person [see Correctional Services Act SA ss 76 1 b , 2 b i and 76A 1 a ].

They also extend to court-ordered programs, such as substance abuse or anger management courses. By not completing these items, you are violating the terms of your original release.

A bench warrant may also be issued if you have outstanding court fees. When a judge feels you have broken the rules, they will send someone after you.

Instead, a landlord would need to seek an eviction warrant for missed payments. Another reason to obtain this order is someone missing their mortgage payments. When that happens, the bank begins taking back ownership from the previous owners. Mostly, any time a person is no longer authorized to stay somewhere, they require them.

Eviction warrants allow law enforcement to remove people from specific locations. The Constitution protects citizens from illegal inspections and seizures. That is why many officers need a search warrant issued first.

When the court believes you have evidence related to your charges, they look for it. Three types of warrants are issued in California including a search warrant , arrest warrant , and bench warrant. All types of warrants require probable cause before they can be issued. Probable cause is a reasonable belief that the circumstances are as they are being presented to the judge by the DA, law enforcement, or other officials who are requesting the warrant.

Different types of warrants are used based on what is being authorized. The purpose of having a judge sign off on different kinds of warrants is to insert someone who is neutral into the decision-making process and to ensure that the search or arrest is lawful.

If the warrant authorizes a search, it is generally executed quickly. If an arrest warrant is issued for a serious crime, law enforcement will actively search for the person. Only two types of warrants put you at risk of immediate arrest although a search warrant can lead to an arrest, the outcome depends on what is found during the search.

A search warrant can be issued for a variety of reasons that involve looking for evidence of a crime including possession of child pornography , stolen property, property that was used while committing a felony, and property that is evidence of a crime, or of who committed the crime, including the weapon, get away vehicle, mask or wig, and other evidence. They may also search for property that is intended to be used to commit a crime. Special rules apply to property held by special classes of people including clergy, psychotherapists, attorneys, doctors to protect confidentiality and privacy requirements applicable to those occupations.

Even with a valid search warrant, there are some complexities to the law that a Los Angeles warrant attorney could use to have a search that violates the rules thrown out. An arrest warrant authorizes law enforcement to place you under arrest because you are suspected of committing a crime.

A grand jury may have reviewed the evidence and decided there is probable cause to arrest you. It is uncommon for the person to know an arrest warrant has been issued before they are arrested.

Bench Warrant -A Bench Warrant is a variant of the arrest warrant. It is usually issued when a subject fails to appear for a required court appearance. The only way to resolve a Capias Warrant is to pay the fine in full or be released "time served" by remaining in jail until enough jail credit has been earned.

Civil Capias Warrant - A civil capias warrant is a special type of apprehension order, issued in civil court cases where the defendant repeatedly fails to comply with the judge's orders. These are also called Body Attachments and Mittimuses, and are slightly different from Criminal Warrants.