Bail Questions • Warrants and Jail Time • Arizona
Who Issues Warrants?
Warrants are issued by judges and other judicial officers, never by police officers or prosecutors acting on their own.
Quick answer
Warrants are issued by judges and other judicial officers, never by police officers or prosecutors acting on their own. In Arizona, police or a prosecutor ask a judge for an arrest warrant by showing probable cause, and a judge issues a bench warrant on the court's own authority when someone misses court.
Arrest warrants: police ask, a judge signs
Police do not issue warrants. An officer or a prosecutor prepares a sworn statement describing the evidence, and a judge or commissioner reviews it for probable cause. If the showing is sufficient, the judge signs an arrest warrant naming the person and the charge. The judge may set a bond amount on the warrant at the same time.
This review is the point of the system. A neutral judicial officer, not the investigating agency, decides whether there is enough to take someone into custody. In Maricopa County, warrant requests reach judges around the clock, so a warrant can be signed at any hour. Once signed, the warrant goes to law enforcement for entry into databases and service. Our warrants hub explains what happens after that.
Bench warrants: the judge acts on the court's own authority
A bench warrant needs no request from anyone. When a defendant fails to appear at a hearing, misses a pretrial check-in, fails to pay a fine or otherwise violates a court order, the judge issues the warrant from the bench, often during the hearing the person missed. The clerk enters it, the Sheriff's Office receives it, and any bond already posted goes into forfeiture under Rule 7.6 and A.R.S. 13-3974.
The same judge sets the bond on the warrant and decides whether it is a surety bond, cash only, or no bond. That is why the amount on a bench warrant varies so much between courtrooms. A defense attorney can ask the issuing judge to quash the warrant or change the bond before the person turns in.
Which Arizona courts issue warrants
Every court that hears criminal cases can issue them. The Maricopa County Superior Court issues warrants in felony cases. The county's justice courts issue them in misdemeanor and traffic cases filed by the Sheriff's Office and the Department of Public Safety. City and municipal courts in Phoenix, Mesa, Glendale, Scottsdale, Tempe, Chandler and every other Valley city issue warrants in cases brought by their own police departments.
Federal courts issue federal warrants and tribal courts issue their own; those run on different rules, and we handle Arizona state and county cases only. Because so many courts are involved, a person can have more than one warrant at a time. The Maricopa County warrant search page explains where to look for each court's records.
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Related Questions
Can a police officer issue a warrant?
No. Officers request warrants by presenting probable cause to a judge, and the judge decides. Officers can arrest without a warrant when they witness a crime or have probable cause, but the warrant document itself always comes from a judicial officer.
Can a prosecutor issue a warrant?
No. A prosecutor can file a complaint and ask the court for an arrest warrant or a summons, and can ask a judge to issue a bench warrant when a defendant misses court. The decision and the signature belong to the judge.
Who can quash a warrant in Arizona?
The court that issued it. A defense attorney files a motion asking the judge to quash or recall the warrant, often paired with a new court date. Judges in Maricopa County regularly grant these when the person is ready to appear and has a reason for the absence.
Do justice courts issue bench warrants?
Yes. Maricopa County Justice Courts issue bench warrants in misdemeanor and traffic cases when a defendant misses a date or fails to pay. These often carry bonds of a few hundred to a few thousand dollars and are searchable through the justice court online records.
Can a bail bondsman find out which court issued a warrant?
Yes. A licensed bail agent checks the public court records, identifies the issuing court and the bond amount, and tells the family whether a walk-through bond is possible. The check is discreet and does not alert anyone. Call One Stop Bail Bonds any hour and an agent will walk you through it.