Warrants

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Warrants are documents issued by a judge that allow the police to perform a search, seizure, or arrest. The U.S. Constitution and the New Jersey Constitution each require law enforcement to have a warrant before doing any of these things except in particular circumstances. If your rights were violated by law enforcement, or you’re worried about being a suspect in an ongoing investigation, talk to one of our skilled Bergen County criminal defense attorneys today. Brickfield & Donahue can offer you experienced criminal defense lawyers who are passionate about fighting for the rights and freedoms of our clients.

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Types of Warrants

There are different kinds of warrants a judge could issue that will allow law enforcement to do different things related to an ongoing investigation. The various warrants include the following.

Search Warrant

A search warrant is issued to police so they have the legal right to search and seize objects belonging to you or that are on your property. Search warrants will allow them both to look for and “seize” any evidence they find in a particular area. In order to get a search warrant, law enforcement needs to convince a judge there is probable cause to believe there is specific evidence located in a particular area that needs to be explored.

Arrest Warrant

An arrest warrant allows the police to place people under arrest for committing a crime. When police investigate a crime, they need to present proof that the defendant committed the crime before they can lawfully arrest a person for it. Arrest warrants can be used to enter the home of the accused and arrest him or her there if law enforcement believes the defendant is there. The defendant can also be arrested in public. However, in order to arrest a defendant in someone else’s home, the police must have a warrant to search his or her house.

Bench Warrant

Bench warrants are issued from the judge’s seat. It is used to bring someone into court to have them address the issue, whether that is a criminal charge, unpaid traffic tickets, or other court proceedings. Judges have the authority to issue a bench warrant so police will arrest someone and bring him or her to court.

When Are Warrants Not Needed?

In some cases, law enforcement doesn’t need to wait for a warrant to take action. Most of these cases are administrative; for example, the police can search your things if you are arrested and brought to jail. Other situations are called exigent circumstances (or exigencies). These are situations where going to get a warrant might endanger someone because the process will be too slow. For example, in the following circumstances, a warrant would not be needed:

• Hot pursuit: an officer is pursuing a defendant who enters a home
• Health or safety: an officer can enter a building in order to protect the health or safety of another person
• Preventing the destruction of evidence: an officer can enter a building or seize evidence to prevent it from being destroyed

Contact Us About Your Case Today

If you’re unsure whether or not your property was rightfully searched and seized, or you’re facing criminal charges after a judge has issued a warrant, don’t hesitate to call us. Our experienced Bergen County criminal defense attorneys will work to get your case dismissed or acquitted. If we can’t do that, we will fight to minimize any criminal or collateral consequences through all possible legal means. The lawyers at our firm work in the best interests of the client, so we are diligent and aggressive in our goal of protecting our clients’ rights and freedoms. Let us see what we can do for you.

Contact us at (201) 574-7919 or fill out our online form to schedule a free case consultation today.