What is arrest warrant law?
Many people have a question about warrants and one of the common question they ask that “what’s arrest warrant” ( Lets First Talk about Search For Arrest warrant or “Arrest Warrant“)
Arrest warrant definition:- An arrest warrant is another way for theW criminal process, to start it is a document that is prepared at the booking area or the magistrate’s office or judicial commissioner. It has to have a couple of requirements.
- The officer that’s talking out the warrant must sign it under oath. He must be given sworn testimony about what has happened.
- There must be a factual basis for that’s contained in the ward. For example, John Smith was driving erratically on a Gallatin Road in Nashville and his blood alcohol was point O eight that is the types of facts that are listed
One crucial thing that is important is hearsay evidence is admissible in the issuance of the warrant so I could say John smith told me that he saw Robert Jones steal some stuff out of my house so that hearsay information is in missamma for a warrant.
What to do if you have a warrant for your arrest?
Now a lot of times when people here about their arrest warrant. They going to the hideout. They know that police will find him that’s is usually a very very bad idea and for a couple of reasons but the main reason is that they are going to catch you at some point. Typically what you are going to do is that you are going to catch at some point and you are going to be stuck in jail and you are going to get a bond because there are two factors that a judge must consider. whenever they wanted to set your bond or release you on a recognizance bond is one of the major factors is a flight risk. The other one danger community but we will focus on flight risk if the judge deems that you are a flight risk because you have been absconded. Let’s say it’s month two or three months a year you have deemed a flight risk and they are not going to give you a bond or they are going give you a cost-prohibitive bond which is a really high bond.
Something you are not going to pay and you are going to be stuck in jail for the duration of the case. The arrest warrant case has universal jurisdiction. So you want to make sure that if you have an outstanding warrant and a bond get an attorney if you are concerned or if you can’t afford an attorney then you can contact the public defender’s office in advance because if the case will be still be pending. So you can go ahead and apply for a public defender and get that taken care of because the last thing you want to do is get caught months down the road because guys this is not going to go away this is not something where the law is going to forget about you the case is going to sit there. If it’s a paper file it’s going to sit in the drawer until you are picked up its an electronic file it’s going to be there forever they are going to finally catch up with you and don’t want this haunting thought in the back of your mind every time a police officer pulls it behind you that you are going to get arrested so the best thing for you to do turn yourself in let them turn a deal with it and move on with your life.
How does arrest warrant works or How arrest warrants work?
Many people don’t know that what happens after a warrant is issued. Normally if the police see you commit a crime, they will arrest you on the spot but if you commit a crime outside of their presence, then typically the procedure is to go to a judge and get an arrest warrant.so the police will go to a judge or magistrate, and they have to present probable cause. They have to show the judge that there’s evidence to suggest that you committed a particular crime. And if they do, typically the judge will sign the arrest warrant. Also, the prosecutor can go to the judge and say, look we have filed charges. We have filed a felony against this guy. We would like you to issue an arrest warrant, so we could have the police go and pick him up. And grand juries when they return an indictment will usually trigger an arrest warrant. So those are the three parties that can prompt a judge to issue an arrest warrant, the police, the persecutor, a grand jury. Now judge on their own can also issue warrants in a situation where you, for example, don’t show up for your court date or you don’t do your domestic violence classes. But those are bench warrants. So that’s a separate category of warrants.
Difference between an Arrest warrant and a Bench warrant
BENCH WARRANT:-Bench warrant- it’s called bench warrant because the warrant is actually issued from the bench, the judge issues the warrant while he or she is sitting in court typically those are issued. When you will fail to go court on something whether it’s traffic ticket for your speeding or it’s or a DUI case (you can find arrest warrant case number in many Law Portal from there you can read about arrest warrant case summary) or even a felony case that you should have been court on. If the defendant fails to appear and can’t provide a legal sufficient reason the judge issues what’s called a bench warrant now the effect of that warrant is that once it gets entered into a computerized system any law enforcement officer that stops you or contacts you and runs a search will find that bench warrant and most likely you will find yourself in custody.
ARREST WARRANT:-Arrest warrant is typically issued for a person if there is a case filed against you let’s say for robbery but they weren’t able to arrest you at the time of the robbery again the officer goes to a judge who reads the report and says I think there is a probable cause to believe this person committed a robbery they issue what’s called an arrest warrant. It works a lot like a bench warrant. It gets entered into the database and if the police are out actively looking for you or if they happen to stop you and they run a search that arrest warrant will show up saying that you are the suspect of robbery case and you will most likely to be taken into custody on that arrest warrant.
An arrest warrant or Bench warrant
DIFFERENCE: -A bench warrant is only going to be issued when someone fails to appear so if you have a court date a traffic date and arraignment date. Whatever reason you don’t appear you didn’t receive the notice or you decide not to appear for another reason. A bench warrant going to issue. A bench warrant is basically a warrant that would issue so if you were pulled over. The court would try to secure your presents through that warrant. An arrest warrant normally could issue if a case is filed against you as opposed to sending a letter saying you have a court date on XYZ date they could issue an arrest warrant where law enforcement is authorized to arrest you any time if they make contact with you.
Five Myth about Arrest warrant:-
- I got a warrant if a different city, so it doesn’t apply here.-FALSE –There are some international arrest warrant laws also. Warrants that are issued by any municipality in the state of Texas are valid throughout the state. So if you didn’t pay that littering ticket you got up in Amarillo, a warrant may be following you all the way back home
- Nobody will come find me if I have a warrant. FALSE-One of the main tasks of the city Marshals is to do just that- find people who have outstanding warrants and bring them in. It’s what they do, and they are really good at it. But they would much rather not have to arrest someone on a warrant. That’s not an enjoyable experience for anyone.
- The warrant expires after one year. FALSE-How long does it take for a warrant to expire? Warrants never expire. So, remember that citation that you got for not mowing yard back in 1996. Guess what? If you didn’t pay it there’s a good chance you have got a warrant, even all these years.
- It was just a traffic citation, I can’t get arrested. FALSE-True, you can’t get arrested for getting a traffic citation. But when you don’t follow the instruction on that traffic citation paying it, or showing up in court on an appropriate date, then a warrant can be issued for your arrest. Warrants are issued on class c Misdemeanors all the time.
- I shouldn’t worry about paying warrants especially since I have lots of them and can’t afford to pay them all. FALSE-In many cases, the judge will approve a payment plan, allowing to take care of your fines on a schedule, while still being able to take care of your other financial responsibilities.on a schedule, while still being able to take care of your financial responsibilities.