Warrants are an integral part of the Canadian legal system. They are legal documents issued by a court that authorizes law enforcement to take specific actions. Whether conducting a search, arresting an individual, or requiring a witness to appear in court, warrants are essential tools in the justice system. Understanding the different types of warrants can help you better understand legal situations if you or someone you know encounters one.
In this blog, we will cover the main types of warrants in Ontario, including search warrants, arrest warrants, witness warrants, and surety warrants.
Search Warrants
A search warrant allows law enforcement officers to search a specific location for evidence related to a crime. To obtain a search warrant, police must demonstrate to a judge or justice of the peace that they have a reasonable belief that evidence of a crime is present at the location they wish to search. Search warrants are limited in scope, meaning they are specific to a certain area or property and must outline the exact nature of the evidence being sought.
Search warrants can only be executed at reasonable times unless the court explicitly states otherwise. The police must also present the search warrant to the individual whose property is being searched.
Search warrants may be issued in various situations, including:
- Investigations related to theft, drug trafficking, or fraud.
- Searching for illegal substances, weapons, or stolen property.
- Collecting digital evidence from computers or smartphones.
Importantly, violating the terms of a search warrant or conducting a search without one can result in evidence being excluded from your trial (known as being “inadmissible”) pursuant to the Canadian Charter of Rights and Freedoms.
ALSO READ: Challenging Search Warrants
Arrest Warrants
An arrest warrant authorizes law enforcement to arrest a specific individual based on the belief that the person has committed a crime. Arrest warrants are typically issued when there is sufficient evidence to charge someone with a criminal offence, but the person has not yet been detained by police.
The process for obtaining an arrest warrant requires police to provide evidence or sworn testimony supporting the belief that the individual is involved in criminal activity. Once the warrant is issued, police can arrest the person named in the warrant anywhere in Ontario.
Arrest warrants can be issued for a variety of reasons, including:
- Suspected involvement in serious criminal activities such as assault, robbery, or homicide.
- Failure to appear in court for a scheduled hearing.
- Breach of bail conditions.
If you are the subject of an arrest warrant, it is crucial to seek legal advice immediately to protect your rights and ensure the legal process is followed correctly.
Witness Warrants
A witness warrant is issued when a person who has been summoned to testify in court fails to appear. Witnesses are a critical part of the justice system, and their testimony can significantly impact the outcome of a case. However, a warrant may be issued for arrest when a person refuses or neglects to attend court after receiving a summons.
The purpose of a witness warrant is to compel the individual to attend court and provide the necessary testimony. It is important to note that witness warrants do not suggest criminal wrongdoing on the part of the witness but are instead a legal mechanism to ensure their cooperation in the court process.
Failing to comply with a witness warrant can result in further legal consequences, so it is essential for witnesses to attend court as required.
Surety Warrants
A surety warrant is issued when an individual who has acted as a surety for someone released on bail believes that the person they are responsible for will not comply with their bail conditions. A surety is someone who takes on the legal responsibility to ensure that an accused person abides by their bail conditions.
If the surety feels they can no longer fulfill this role, they can apply for a surety warrant. This warrant allows law enforcement to arrest the accused and return them to custody. Surety warrants protect the integrity of the bail system by ensuring that individuals released from custody continue to comply with the terms set by the court.
ALSO READ: How Should I Prepare for My Bail Hearing?
FAQs
Can I challenge a search warrant?
Yes, you can challenge a search warrant if you believe it was issued without proper grounds or if the police exceeded the scope of the warrant during the search. Consult with a criminal defence lawyer to explore your legal options.
What should I do if there is an arrest warrant against me?
If you are aware of an arrest warrant in your name, contact a criminal defence lawyer immediately. They can advise you on the best course of action and help protect your rights during the legal process.
What happens if I ignore a witness summons?
Ignoring a witness summons can result in a witness warrant being issued for your arrest. Attending court as required is essential, or you may face legal consequences, including fines or detention.
Can a surety revoke their responsibility?
Yes, a surety can revoke their responsibility by applying for a surety warrant if they believe the accused is not following bail conditions.
Speak With a Criminal Defence Lawyer
Dealing with any type of warrant can be an overwhelming experience, and trying to face the legal process on your own is challenging. Whether you are facing a search warrant or arrest warrant or have questions about your rights as a surety, speaking with a knowledgeable criminal lawyer is crucial. At Fedorowicz Law, we are here to help you understand your legal rights and provide the guidance you need in difficult situations. Contact us today for expert advice and representation.
If you have been served with a search warrant in Toronto or have a different type of warrant issued against you and believe your rights have been violated or an unlawful search may have been conducted, contact the experienced criminal lawyers of Fedorowicz Law today for legal advice. Richard Fedorowicz has over 20 years of experience in criminal defence and a proven track record of success. He will fully assess any elements of a criminal case that could help the most effective defence for each of his Greater Toronto Area clients.
Call Fedorowicz Law today at 249-266-4222 or fill out our convenient online form to learn how we can help you with your criminal defence in Toronto!