There is little doubt that finding out a warrant has been issued for you can be a scary experience, but what exactly does it mean and what should you do? We’ll answer both those questions but let’s begin at the beginning: what exactly is a warrant?
What is a warrant?
There are many different types of warrants and all of them deserve your attention if one is issued for you. Different provinces have different names for the kinds warrants they issue but here are a few common ones:
An arrest warrant is a legal document that contains details of who you are, the crime you are accused of committing and authorization from the judge for the authorities to bring you in. These kinds of warrants are issued when there are probable grounds that you have committed a crime and a related issue such as your arrest is required to prevent you from committing another crime or to protect evidence, for example. Once a court issues this warrant, the authorities can look for you and arrest you. And if it’s a Canada-wide warrant, any police officer from coast to coast can take you in.
A bench warrant is a type of warrant that we often hear about in TV and movies. This warrant is issued if you fail to show up for a scheduled court hearing or trial. This, too, gives the OK for authorities to find you and arrest you, although not all bench warrants will lead to your immediate arrest.
A search warrant gives the authorities the right to search your premises without your permission. It’s important to note, that in some cases, the police can enter your home without a warrant and without your permission, if they are chasing a suspect for example, or if they think someone is in immediate danger.
A witness warrant is exactly what it sounds like: if you received a subpoena to appear in court as a witness and then don’t show up, this warrant can be issued for you.
A surety warrant is a bit different. This is when someone who was supposed to supervise your release goes to court to have that responsibility dropped. Once this happens, a surety warrant can be issued for your arrest.
What not to do when you learn there is a warrant for you?
Do not ignore a warrant. It will not disappear if you pretend it does not exist or run from it. It will remain in effect until it is dealt with and having an outstanding warrant can affect your ability to travel, to obtain some governmental services, among other consequences–none of them good.
What should you do when there is a warrant for you?
You may not know there is a warrant out for you until you are stopped for something else and the police discover the warrant. Or you may receive a phone call from the police telling you about it, or more dramatically, the authorities arrive at your door. So, first of all, it’s very important to know if there is a warrant with your name on it.
That is why step one is to call a lawyer, including us at LegalShield Canada.
A legal professional can check if there is an arrest warrant for you, for example. Next, if there is a warrant out, what kind of warrant is it? As per the list above, some warrants are Canada-wide, others are more local, meaning an officer where you currently reside may or may not transfer you to the relevant jurisdiction–it depends on the severity of the crime and the distance, among other factors. For example, if you live in Ontario and a bench warrant was issued for you in BC, they may not take you out west–but they can.
In all cases, it is best to call a lawyer. We can explain the rules of the various warrants, including where and how to turn yourself in, if needed, and we can explain your rights should you be arrested.
The takeaway
One of the most reassuring benefits of a LegalShield Canada membership is access to our emergency 24/7 services. If you are restrained, searched or deprived of immediate liberty or otherwise detained by the police, you can call us. If you are detained or questioned by an authority or agency regarding a minor child, you can call us. If you’re injured in a car or motorcycle accident, same thing. And, of course, if you learn there is a warrant out for you, for any reason, we are here for you 24/7.
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Articles on the LegalShield.ca website are for informational purposes only and do not constitute legal advice or opinion in any manner. Laws mentioned in the articles vary from province to province. Any links to third-party sites in our articles are for general information purposes only and LegalShield is not affiliated with, nor does it endorse, the content of linked sites. It is always advisable to seek legal counsel—and LegalShield can help.