Virginia Warrants: Types, Searches, and What to Expect

A warrant is an order issued by a judge permitting the police to arrest someone, search a place, or take someone in for a court appearance. Warrants are meant to protect rights by necessitating an adequate cause and a court's approval before action is taken. While all states use warrants, they each have their own rules and methods of verification.

What Is a Warrant in Virginia?

In Virginia, a warrant is an order from the court that allows law enforcement to take action. Warrants may:

• Allow the arrest of a person suspected of a crime.
• Authorize the search and seizure of property linked to a case.
• Require someone who has ignored a court order to appear in court.

Types of Warrants in Virginia

Virginia recognizes several types of warrants:

1. Arrest Warrants

It is then signed by a judge after police have sufficient evidence to charge an individual with a crime. It authorizes the police or other officers to take the person into custody. Judges, court clerks, or magistrates sign these warrants under Virginia law, and these are directed to officers to arrest and hold for commitment the stated individual.

2. Bench Warrants

This is issued by a judge for failure to show up in court, probation violation, or contempt of court order. It allows the police to arrest the person on the spot. Once arrested, the person is brought before court to answer for the failure to appear or violation.

3. Search Warrants

in Virginia allows the police to enter a place and bring into custody property related to a crime. According to VA Code § 19.2-54, police must present an affidavit before the magistrate or judge, describing the place, objects, or individuals and the offense.

4. Inspection warrant

VA Code § 19.2-393 is a written order of a circuit court judge that enables state or local officials to enter and inspect a premise or property. The warrant clearly indicates the purpose and location, so both the official and property owner understand what is being inspected. It is most typically used for inspections where toxic substances are involved or for compliance checks.

How to Search for Warrants in Virginia

Virginia does not provide a single statewide public warrant lookup system, but several official resources make warrant information accessible:

1. Virginia Judiciary Case Information System: This site offers online access to case records from Circuit and General District Courts. Warrants connected to ongoing cases can also be found here.
2. County Sheriff’s Offices: Each sheriff is responsible for keeping warrant records. In larger counties like Fairfax, Henrico, and Prince William, there are often special divisions that handle warrant inquiries and provide information to the public.
3. Clerk of Court Offices: The clerks have official case files, which hold all warrant records. They handle and retain these files intact so that they remain accurate and available.
4. Municipal Police Departments: Many city police departments, like those in Richmond and Virginia Beach, handle misdemeanor and ordinance warrants and offer services to check warrant status.
5. Virginia State Police (VSP): Maintains statewide criminal records, but access to warrant information is usually limited to law enforcement agencies.
6. Third-Party Search Providers: Some private services publish warrant information, but confirmation must always come from sheriffs or courts.

Warrant Records in Major Virginia Counties and Cities

Since Virginia’s courts are county-based, access varies depending on jurisdiction:

• Fairfax County: The Fairfax County Sheriff’s Office is in charge of managing warrant records, while the Circuit Court clerks handle the related case files.
• Virginia Beach (Virginia Beach City): Warrant inquiries are handled by the Virginia Beach Police Department and General District Court.
• Richmond (Richmond City): The Richmond Police Department and Sheriff’s Office oversee the management of warrants, while case records are maintained by Circuit Court clerks.

What Happens After a Warrant Is Issued in Virginia?

The consequences depend on the type of warrant:

• Arrest Warrants: The police can arrest a person at any moment. Following an arrest, the suspect is brought before a magistrate who hears the arraignment and sets bail.
• Bench Warrants: Not appearing at a court proceeding or failing to follow court orders typically results in immediate arrest, in addition to possible fines or jail time.
• Search Warrants: The officers are to make the searches within 15 days and only seize the property described in the warrant. The evidence so collected can be used at trial.

Having a warrant in Virginia generally means:

• Going to court voluntarily.
• Engaging an attorney to negotiate the terms of surrender or bond conditions.
• Paying off any outstanding or past-due fines or obligations.

How Long Does a Warrant Stay Active in Virginia?

In Virginia, most warrants remain valid until resolved:

• Arrest and bench warrants do not expire; they remain valid and enforceable until they are served or withdrawn by the court.
• Search warrants expire 15 days after they are issued and must be renewed for continued use.

A warrant may be quashed if issued inappropriately, recalled when the individual meets court requirements, or cleared after execution or settlement in court. A warrant may be quashed if issued incorrectly, recalled if the individual is meeting court obligations, or cleared after having been executed or settled in court.

Warrants are a fundamental aspect of Virginia's system of law, authorizing arrests, searches, and court appearances by virtue of law. There are arrest warrants for criminal offenses, bench warrants for not appearing in court, and civil warrants in landlord-tenant cases, all with serious consequences.

Citizens may inquire as to whether warrants exist by using the Judiciary Case Information System, sheriffs, and court clerks, with varying procedures by county. Warrants have no time limit and are still enforceable until disposition. If a suspicion of a warrant exists, the best way to address it and avoid surprise arrest is to consult a lawyer or the court that issued it.