You may have heard it said that someone might have a warrant out for their arrest, but few people understand the full meaning of that term. It's not a simple task to have a warrant issued that would lead to an arrest, so read on to learn more about what it means and how it happens.

By the Judge

There can be no type of warrant without a judge's approval. This facet of the criminal justice system assures citizens that "unwarranted" arrests don't take place without proper cause. In general, there are two different types of warrants available to the state prosecutor's office.

Out on Bail

If a person has been arrested and released on bail, they must promise to return to face their charges in court. Not every crime or everyone accused of a crime is offered bail, and certain conditions must be met for the offering. Some of those conditions include:

• First-time offender
• Prior history of returning to face charges
• Reputation and ties to the community
• Scope of the charges and counts

If a person who is out on bail fails to return to court on the appointed day, the judge, in that case, will issue what is known as a bench warrant. It is so referred to due to the judge verbally ordering an arrest be made upon contact with the accused of failure to appear.

Other Warrants

The other main motivation for an arrest warrant being issued is when law enforcement has reason to believe that a person has committed a crime. This type of warrant must also have a judge's approval, but it can be provided over the phone in an emergency situation. The actual paper copy will follow later. Warrants are not issued lightly, and judges must be convinced of the need before a warrant is granted.

The Arrest Affidavit

This document, which may be known by other names, is where the actual warrant is set out in writing. The information listed on the affidavit comes from law enforcement and is often a listing of the reasons why the named individual should be located and arrested. No affidavit is complete without naming probable cause. Stating the reasons why a person is suspected of a crime is one thing but actually listing out the exact evidence that is possessed tying a person to a particular crime makes up probable cause.

For example, the affidavit might state that someone is suspected of robbing a bank on a certain day and approximate time. The probable cause might be anything from eye-witness accounts or camera footage where that person was identified to a fingerprint left at the teller's counter.

Arrest warrants usually follow the letter of the law but mistakes are made all the time. If you have been accused of a crime, check out a website like http://dlplawyers.com/.