Mittimus vs. Warrant — What's the Difference?

By Tayyaba Rehman — Updated on November 2, 2023

A mittimus is a court order directing law enforcement to send someone to prison, while a warrant is an official document authorizing police to make an arrest, search, or perform some other action.

Difference Between Mittimus and Warrant

Table of Contents

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Key Differences

A mittimus is a judicial writ issued by a court that commands law enforcement to transport a convicted individual to prison. It's the final step in the sentencing process, the document that facilitates the transfer of a person from court to incarceration.

Nov 02, 2023

Warrants, on the other hand, are legal documents issued by a judge or magistrate that allow the police to take specific actions. An arrest warrant, for example, permits law enforcement to detain an individual, while a search warrant authorizes police to search a specific location for evidence of a crime.

Nov 02, 2023

The mittimus is not to be confused with the initial charges or pre-conviction process; it's used after conviction, symbolizing the court's judgment. In contrast, warrants are often part of the investigative or pre-trial proceedings, enabling law enforcement to gather evidence or take individuals into custody.

Nov 02, 2023

While the mittimus is specific to the action of imprisonment following a court order, warrants can be diverse, serving various functions in the criminal justice system, ranging from wiretapping to seizing property. Mittimus deals strictly with the aftermath of a trial's conclusion, while warrants are more about the process leading up to and possibly including a trial.

Nov 02, 2023

The execution of a mittimus signifies the end of court proceedings and the start of a sentence, whereas the execution of a warrant typically signals the beginning or continuation of law enforcement proceedings. Mittimus is specific in its purpose and is a clear directive, whereas warrants can be broad, covering an array of legal actions.

Nov 02, 2023

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Comparison Chart

Purpose

Directs incarceration post-conviction

Authorizes law enforcement action

Nov 02, 2023

Usage in Legal Process

Post-trial

Often pre-trial or during investigation

Nov 02, 2023

Types

Primarily one

Multiple types (arrest, search, bench, etc.)

Nov 02, 2023

Issued By

Judge post-conviction

Judge or magistrate pre or during trial

Nov 02, 2023

Function

To move a convict to prison

To arrest, search, seize, etc.

Nov 02, 2023

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Compare with Definitions

Mittimus

A writ indicating the transfer to a penal institution.

With the mittimus in hand, the officer began the journey to the state prison.

Nov 02, 2023

Warrant

An official authorization for police action.

The officers had a warrant for the suspect's arrest.

Nov 02, 2023

Mittimus

A court order for imprisonment.

Upon conviction, the judge issued a mittimus for the defendant.

Nov 02, 2023

Warrant

A document permitting search and seizure.

They couldn’t enter the premises without a search warrant.

Nov 02, 2023

Mittimus

Legal paper transporting convicts to prison.

The clerk processed the mittimus for the inmates.

Nov 02, 2023

Warrant

Judicial authorization for a particular task.

The judge signed a warrant for the wiretap.

Nov 02, 2023

Mittimus

A writ directing a sheriff to put someone in jail.

The mittimus arrived, so the sheriff prepared to transfer the prisoner.

Nov 02, 2023

Warrant

A certificate of guarantee or authenticity.

The product came with a warranty warranting its quality.

Nov 02, 2023

Mittimus

A document committing someone to custody.

After the trial, a mittimus was signed for the guilty party.

Nov 02, 2023

Warrant

A document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice

An extradition warrant

Magistrates issued a warrant for his arrest

May 23, 2020

Mittimus

A warrant issued for someone to be taken into custody.

May 23, 2020

Warrant

Justification or authority for an action, belief, or feeling

There is no warrant for this assumption

May 23, 2020

Mittimus

A writ for moving records from one court to another.

May 23, 2020

Warrant

An official certificate of appointment issued to an officer of lower rank than a commissioned officer.

May 23, 2020

Mittimus

A formal dismissal from a situation.

May 23, 2020

Warrant

Justify or necessitate (a course of action)

The employees feel that industrial action is warranted

May 23, 2020

Mittimus

A precept or warrant granted by a justice for committing to prison a party charged with crime; a warrant of commitment to prison.

May 23, 2020

Warrant

Officially affirm or guarantee

The vendor warrants the accuracy of the report

May 23, 2020

Warrant

(Law) A judicial writ authorizing the search or seizure of property, arrest of a person, or the execution of a legal judgment.

May 23, 2020

Warrant

A voucher authorizing payment or receipt of money.

May 23, 2020

Warrant

An option to buy stock at a specified price from an issuing company.

May 23, 2020

Warrant

Justification for an action or a belief; grounds

"The difficulty of predicting the future is no warrant to ignore it" (Brian Hayes).

May 23, 2020

Warrant

Something that provides assurance or confirmation; a guarantee or proof

"The kind of uncertainties and ambiguities ... which may damage [his] essays ... are often a warrant of authenticity in [his] fiction" (John Edward Hardy).

May 23, 2020

Warrant

Authorization or certification; sanction, as given by a superior.

May 23, 2020

Warrant

A warrant officer.

May 23, 2020

Warrant

A certificate of appointment given to a warrant officer.

May 23, 2020

Warrant

To provide adequate grounds for; justify or require

What could he have done that would warrant such a punishment?.

May 23, 2020

Warrant

To guarantee (a product).

May 23, 2020

Warrant

To guarantee (a purchaser) indemnification against damage or loss.

May 23, 2020

Warrant

(Law) To guarantee clear title to (real property).

May 23, 2020

Warrant

Authorization or certification; a sanction, as given by a superior.

May 23, 2020

Warrant

(countable) Something that provides assurance or confirmation; a guarantee or proof.

A warrant of authenticity; a warrant for success

May 23, 2020

Warrant

(countable) An order that serves as authorization; especially a voucher authorizing payment or receipt of money.

May 23, 2020

Warrant

An option, usually issued together with another security and with a term at issue greater than a year, to buy other securities of the issuer.

May 23, 2020

Warrant

A judicial writ authorizing an officer to make a search, seizure, or arrest, or to execute a judgment.

An arrest warrant issued by the court

May 23, 2020

Warrant

(countable) A certificate of appointment given to a warrant officer.

May 23, 2020

Warrant

A document certifying that a motor vehicle meets certain standards of mechanical soundness and safety; a warrant of fitness.

May 23, 2020

Warrant

A defender, a protector.

May 23, 2020

Warrant

Underclay in a coal mine.

Warren earth

May 23, 2020

Warrant

To protect, keep safe (from danger).

May 23, 2020

Warrant

To give (someone) an assurance or guarantee (of something); also, with a double object: to guarantee (someone something).

May 23, 2020

Warrant

(transitive) To guarantee (something) to be (of a specified quality, value, etc.).

May 23, 2020

Warrant

(transitive) To guarantee as being true; (colloquially) to believe strongly.

That tree is going to fall, I’ll warrant.

May 23, 2020

Warrant

(transitive) To authorize; to give (someone) sanction or warrant (to do something).

I am warranted to search these premises fully.

May 23, 2020

Warrant

(transitive) To justify; to give grounds for.

Circumstances arose that warranted the use of lethal force.

May 23, 2020

Warrant

That which warrants or authorizes; a commission giving authority, or justifying the doing of anything; an act, instrument, or obligation, by which one person authorizes another to do something which he has not otherwise a right to do; an act or instrument investing one with a right or authority, and thus securing him from loss or damage; commission; authority.

May 23, 2020

Warrant

A writing which authorizes a person to receive money or other thing.

May 23, 2020

Warrant

That which vouches or insures for anything; guaranty; security.

I give thee warrant of thy place.

His worth is warrant for his welcome hither.

May 23, 2020

Warrant

A precept issued by a magistrate authorizing an officer to make an arrest, a seizure, or a search, or do other acts incident to the administration of justice.

May 23, 2020

Warrant

That which attests or proves; a voucher.

May 23, 2020

Warrant

An official certificate of appointment issued to an officer of lower rank than a commissioned officer. See Warrant officer, below.

May 23, 2020

Warrant

Right; legality; allowance.

May 23, 2020

Warrant

To make secure; to give assurance against harm; to guarantee safety to; to give authority or power to do, or forbear to do, anything by which the person authorized is secured, or saved harmless, from any loss or damage by his action.

That show I first my body to warrant.

I'll warrant him from drowning.

In a placeLess warranted than this, or less secure,I can not be.

May 23, 2020

Warrant

To support by authority or proof; to justify; to maintain; to sanction; as, reason warrants it.

True fortitude is seen in great exploits,That justice warrants, and that wisdom guides.

How little while it is since he went forth out of his study, - chewing a Hebrew text of Scripture in his mouth, I warrant.

May 23, 2020

Warrant

To give a warrant or warranty to; to assure as if by giving a warrant to.

[My neck is] as smooth as silk, I warrant ye.

May 23, 2020

Warrant

To secure to, as a grantee, an estate granted; to assure.

May 23, 2020

Warrant

A writ from a court commanding police to perform specified acts

May 23, 2020

Warrant

A type of security issued by a corporation (usually together with a bond or preferred stock) that gives the holder the right to purchase a certain amount of common stock at a stated price;

As a sweetener they offered warrants along with the fixed-income securities

May 23, 2020

Warrant

Formal and explicit approval;

A Democrat usually gets the union's endorsement

May 23, 2020

Warrant

A written assurance that some product or service will be provided or will meet certain specifications

May 23, 2020

Warrant

Show to be reasonable or provide adequate ground for;

The emergency does not warrant all of us buying guns

The end justifies the means

May 23, 2020

Warrant

Stand behind and guarantee the quality, accuracy, or condition of;

The dealer warrants all the cars he sells

I warrant this information

May 23, 2020

Warrant

A legal paper authorizing a specific act.

The warrant allowed the collection of personal communications.

Nov 02, 2023

Common Curiosities

Who issues a mittimus?

A mittimus is issued by a judge or court.

Nov 02, 2023

What does a warrant do?

A warrant authorizes law enforcement to carry out a specific action, such as arrest or search.

Nov 02, 2023

Can anyone request a warrant?

Law enforcement officials request warrants based on evidence, and a judge issues them.

Nov 02, 2023

What is a mittimus?

A mittimus is a court order directing the confinement of a person in prison.

Nov 02, 2023

When is a mittimus used?

A mittimus is used after a defendant has been convicted and sentenced by a court.

Nov 02, 2023

What information is included in a mittimus?

It includes the convict's name, the offense, and instructions for incarceration.

Nov 02, 2023

Is a mittimus public record?

Typically, a mittimus is a public record, accessible through the court.

Nov 02, 2023

Can a warrant be issued without evidence?

No, warrants require probable cause and are based on evidence.

Nov 02, 2023

Can a warrant be issued after a trial?

Yes, warrants like bench warrants can be issued if a person fails to appear in court post-trial.

Nov 02, 2023

What types of warrants are there?

There are arrest warrants, search warrants, bench warrants, and more.

Nov 02, 2023

Does a mittimus require immediate action?

Yes, once issued, a mittimus requires immediate implementation.

Nov 02, 2023

Is a mittimus needed for a jail sentence?

Yes, a mittimus formally orders the jail sentence to be carried out.

Nov 02, 2023

How long is a warrant valid?

A warrant remains valid until it is executed or canceled by the court.

Nov 02, 2023

Are warrants specific to a location?

Some warrants, like search warrants, are specific to locations.

Nov 02, 2023

Can a mittimus be appealed?

The conviction leading to a mittimus can be appealed, not typically the mittimus itself.

Nov 02, 2023

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Written by

Tayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.