An arrest warrant is a court order for law enforcement to locate someone, arrest the person, and hold the person in custody. After a court hearing or arraignment, the person may be released on bail or on their own recognizance, or be held in jail for further proceedings. Arrest warrants can be quashed if they are invalid.

1. What is an arrest warrant in Arizona?

In Arizona, arrest warrants are court orders that instruct police officers to arrest a particular person. They can be issued after:

• a grand jury indictment,
• a judge’s independent finding of probable cause, or
• the prosecutor presents a direct complaint and the judge determines that there is probable cause to believe that a crime has occurred.¹

Once probable cause has been established, the judge or magistrate will issue a summons or an arrest warrant. Judges will issue an arrest warrant if:

• the suspect failed to appear after being served with a summons,
• there is a good reason to believe that the suspect will not appear with a summons, or
• a summons cannot be readily served.²

The arrest warrant has to:

• name the person to be arrested or, if the name is not known, a reasonably identifiable description of the person to be arrested,
• state the charges the suspect is to face,
• mention whether the charge triggers applicable victims’ rights provisions, and
• be signed by a judge, magistrate, or deputy clerk of the superior court.³

The warrant can also state the bond amount necessary for pre-trial release. If the offense is a felony, the warrant’s statement can only be a recommendation. If it is a misdemeanor, the bond amount listed on the arrest warrant is final.⁴

Once issued, arrest warrants do not expire in Arizona. They will only go away if a judge quashes it or the suspect is arrested.

2. How do police get an arrest warrant?

Law enforcement can get an arrest warrant by showing a neutral and detached judge or magistrate that there is probable cause to believe that a crime has occurred, and that the person to be arrested is the one who committed it.

This often involves:

• presenting a case to a grand jury and receiving an indictment, or
• requesting an arrest warrant from a judge and presenting a criminal complaint.

3. How are they executed?

Police execute an arrest warrant by finding the person named in the warrant and apprehending him or her. The suspect is then held in jail until he can be brought before the judge or magistrate that issued the warrant or, if that one is unavailable, before a different judge or magistrate.⁵

The arrest can happen at any time, unless the warrant says otherwise.⁶ For serious felony charges, police will often go searching for the suspect. For minor criminal cases, police will execute the warrant at the next interaction they happen to have with the suspect, such as at a traffic stop.

When executing the arrest warrant, the police officer does not necessarily need to have the physical document during the arrest. However, if the defendant asks to see the warrant, the officer has to show it to him as soon as possible. In the meantime, the officer has to mention what the charged offense is for and that there is an outstanding arrest warrant for the suspect.⁷

If the arrest happens outside the state of Arizona, the suspect may be brought back into the state through the extradition process.

The warrant is then returned to the judge or magistrate at the initial appearance in the court case.⁸

4. Can I quash an arrest warrant?

In Arizona, an arrest warrant can be quashed, or thrown out, by filing a Motion to Quash and showing that the warrant was invalid.

An arrest warrant can be invalid if, for example, it:

• did not name or adequately describe the defendant,
• was not signed by a judge or magistrate,
• did not state the criminal charge, or
• was not supported by probable cause.⁹

Some cities in Arizona, such as Tempe, allow defendants to quash an arrest warrant by paying the bond.¹⁰ This moves the case forward, but skips the physical arrest. However, other courts, like the Superior Court of Arizona in Maricopa County, will not quash a warrant merely because the bond has been paid.¹¹

Quashing an arrest warrant generally takes the help of a criminal defense attorney. Anyone who learns that there is an arrest warrant out for him or her, and then goes to court to take care of it on hir or her own is likely to be arrested.

5. Can I find out if there is an outstanding arrest warrant for me?

Yes, anyone in Arizona can find out if there is an arrest warrant with their name on it by searching online or by calling the court or local law enforcement.

There is a public access portal of court information that is run by the Arizona Judicial Branch. This online database of public records includes outstanding arrest warrants. It covers 177 of the 184 courts in the state.

Anyone can look for an arrest warrant by searching for their first and last name. They can add their date of birth to make the search more precise. If there is an outstanding warrant, the case number will show:

• the issuing court,
• when it was issued,
• what the warrant is for, and
• any activity in the case.

People can also learn about outstanding arrest warrants by calling the phone numbers for:

• the Arizona Department of Public Safety (DPS) at (602) 223-2233,
• the Arizona Criminal Court Administration Information Desk at (602) 506-8575, or
• their local law enforcement or their county sheriff’s office.

Going to the police to see if there is an arrest warrant out for you is risky, though. If there is one, police will use the opportunity to execute it and place you under arrest. A criminal defense lawyer from a local law firm can help uncover an arrest warrant for you without this risk.

6. How is this different from other warrants?

There are 3 types of warrants in Arizona:

1. arrest warrants,
2. search warrants, and
3. bench warrants.

Arrest warrants are different from search warrants in that search warrants do not authorize police to place someone under arrest, just like arrest warrants do not authorize a full police search.

An arrest warrant is different from a bench warrant in that:

• bench warrants are issued by the judge, often without a request from law enforcement, and
• while arrest warrants are for alleged crimes, bench warrants are for alleged violations of other court orders, like rules of parole or probation, orders of protection, child support, or for failure to appear at a required court date.

7. How is an arrest warrant different from a summons?

An arrest warrant is different from a summons in that the warrant tells officers to arrest the suspect. A summons merely tells the suspect to show up at a court appearance before a magistrate. An arrest warrant is like a forceful summons, where the suspect is physically and involuntarily brought to the judge.¹²

Arizona criminal law prefers to issue a summons, rather than an arrest warrant if:

• the suspect is not already in custody,
• the suspect would have a right to bail for the offense being charged, and
• there is reason to believe that the suspect will appear of his or her own accord.¹³

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