What Types of Warrants Are There in Alabama?
Most people only hear about warrants in passing, like on the news or in a crime drama. However, in Alabama and throughout the country, for that matter, warrants are a very real part of the criminal justice system. If one is issued in your name, it can substantially impact your ability to live your life freely and unencumbered.
Knowing the types of warrants and what they allow law enforcement to do can help you better understand your rights and prepare your defense. Read on for the information you need, and contact an attorney for a free consultation immediately if you’ve been charged.
Arrest Warrants
The most commonly known type of warrant is called an arrest warrant. An arrest warrant authorizes law enforcement to take you into custody and bring you before a judge. These are generally issued when a police officer or prosecutor shows a judge that there is “probable cause” that you committed a crime.
For example, if investigators gather enough evidence that links you to burglary or assault, they can ask the court to issue a warrant. Once signed, police can arrest you at home, at work, or even in public.
That said, not every arrest requires a warrant. Police can arrest you without one if they directly witness you committing a crime or if there are urgent circumstances. Still, when a warrant is used, it carries the court’s authority and can be difficult to challenge without strong legal help.
Search Warrants
Another common type of warrant is a search warrant. A search warrant allows law enforcement to enter your home, vehicle, phone, or computer to look for evidence. Like arrest warrants, they typically require probable cause and approval from a judge.
Alabama courts must treat the privacy rights of criminal defendants seriously. However, once a warrant is issued, police have broad authority to search the places and seize the items listed. If they go beyond what the warrant allows (such as searching areas not specified or taking property unrelated to the case), your lawyer can argue to suppress that evidence.
Bench Warrants
A bench warrant is different. Instead of being tied to a new criminal charge, it is usually issued when someone fails to follow a court order. The most frequent reason is failing to appear in court for a scheduled hearing. Judges can also issue them for things like not paying fines or violating probation terms.
When a bench warrant is active, you can be arrested at almost any time. This can create problems if you’re pulled over for a minor traffic stop or your name is checked in a routine database. Clearing a bench warrant often requires appearing before the judge who issued it, sometimes with a lawyer’s help to explain your side and minimize the consequences.
Other Kinds of Warrants You Might Encounter
While arrest, search, and bench warrants are the most common, Alabama law also recognizes others. These include extradition warrants, which allow someone to be transferred from another state to Alabama (or vice versa), and fugitive warrants, which are often tied to out-of-state charges.
Though less common, these can be just as serious and often involve multiple jurisdictions.
Contact Our Birmingham Criminal Defense Attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. for a Free Consultation
Warrants are a powerful tool for law enforcement in Alabama, but they are not unlimited. Each type of warrant comes with rules that police and prosecutors must follow. A Birmingham criminal defense lawyer can review whether your rights were violated and build a strategy to protect you.
If you believe a warrant has been issued against you, contact an experienced Alabama criminal defense attorney today for a free consultation. Getting legal help right away can make all the difference in resolving the situation favorably. Call Jaffe, Hanle, Whisonant & Knight, P.C. to get started.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800