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Legal Definitions - outstanding warrant
Definition of outstanding warrant
An outstanding warrant refers to a formal legal document, issued by a judge or magistrate, that authorizes law enforcement to take a specific action—most commonly, to arrest a particular person—and which has not yet been executed or fulfilled. It remains active and enforceable until the authorized action is completed.
To understand an outstanding warrant, it's helpful to first understand what a warrant is in this context:
- A warrant is a legal order issued by a judge or magistrate that grants law enforcement officers the authority to perform a specific act, such as making an arrest, conducting a search, or seizing property. When we speak of an "outstanding warrant," we are typically referring to an arrest warrant.
Therefore, an outstanding warrant is an arrest warrant that has been issued but the person named in it has not yet been taken into custody. It signifies that there is an active legal order for that person's arrest.
Examples:
Failure to Appear for a Traffic Offense:
Maria received a speeding ticket and was given a court date. She forgot about the date and did not appear in court. Because she failed to appear as legally required, the judge issued an arrest warrant for her. This warrant is now outstanding because law enforcement has not yet arrested Maria or brought her before the court. If Maria is pulled over for another traffic stop or has any interaction with police, the officer checking her identification would discover the outstanding warrant and could arrest her on the spot.
Probation Violation:
After serving time for a minor offense, John was released on probation with conditions, including regular check-ins with his probation officer. John missed several scheduled appointments and could not be reached. His probation officer reported this violation to the court, and a judge subsequently issued a warrant for John's arrest due to the probation violation. This warrant is outstanding until John is apprehended and brought before the court to address the violation of his probation terms.
Suspect in a Criminal Investigation:
Detectives investigating a robbery gathered sufficient evidence to identify Alex as a primary suspect. They presented this evidence to a judge, who then issued an arrest warrant for Alex. However, Alex had already left the state, and his current whereabouts are unknown. The arrest warrant for Alex is now outstanding. It remains active in law enforcement databases nationwide, meaning that if Alex is stopped by police in any jurisdiction, or if his location is discovered, he can be arrested based on this active legal order.
Simple Definition
An outstanding warrant is a legal order, typically for an arrest, that has been issued by a judge but has not yet been executed or fulfilled. This means the warrant remains active and valid, requiring law enforcement to take the specified action when the subject is located.