Summons vs Warrant
In legal terms, the words warrant and summons are often used, leading to confusion about the difference between them. A warrant is a court order given to law enforcement authorities, such as the police, to perform an act such as an arrest. In contrast, a summons is a court order informing an individual that they need to be present for a charge made against them. These are not the same; a summons can be considered an initial step where, if the individual does not respond, a warrant is usually authorized. This article will provide a basic understanding of the two terms and highlight the differences.
What is a Warrant?
A warrant is typically issued by a judge or judicial officer to secure justice by creating a framework for law enforcement officials to carry out a procedure of action. Warrants within the legal vicinity are used for various purposes. Mainly there are three types of warrants that can be issued: arrest warrants, search warrants, and bench warrants. An arrest warrant is a written document giving officials the authority to arrest an individual on whom a complaint has been lodged regarding a crime. A search warrant is issued when there is a need to search certain premises for evidence or criminal activity. For example, a search warrant can be issued to search for drugs, weapons, or at a crime scene to gather evidence or convict a person for a crime. However, to obtain a search warrant from judicial officers, there must be a rational and logical argument that the premises are of importance to the crime. A bench warrant is issued to bring a person before the court, mainly because the person has not responded to a summons.
What is a Summons?
A summons is when a law governing authority demands the presence of an individual at a specific time and date before the courts to inquire after a complaint lodged against them. This comes in the form of a legal document with information such as the names of the individual who makes the complaint and the person on whom it has been lodged. These two individuals are referred to as the plaintiff and the defendant in the legal framework. The document also provides the necessary instructions for the defendant. In this sense, a summons is different from a warrant because, while a warrant addresses law enforcement authorities, a summons addresses the individual in question.
Key Takeaways
- A warrant is an official authorization that gives law enforcement officials the power to engage in an activity, such as an arrest or search of premises.
- A summons is an official request made by a court for an individual to be present on a specific date and time to inquire after charges that have been made against them.
- The main difference between a summons and a warrant is that while a warrant gives authority for law enforcement officials to perform an action, a summons requests the individual to be present for an inquiry.
