Arrest warrants are documents signed by judges that authorize police to arrest one or more listed suspects. A warrant identifies the crime for which arrest is authorized, and typically restricts the method by which the arrest can be made. For instance, an arrest warrant may set a specific window for the arrest, and some specify a bail amount. If a warrant is issued for failure to appear in court (a bench warrant), it will likely specify that the subject cannot get bail. In the brief article below, you will find basic information on arrest warrants, and the Oleen Law Firm will tell you how to handle your affairs if a warrant is issued in your name.
How Police Get a Warrant
To get an arrest warrant, police must submit an affidavit to a judge. Affidavits are submitted under oath, and must contain enough facts to establish probable cause that a subject has committed a crime as listed in the warrant. Subject descriptions must be very specific, and cannot apply to a wide group of people. Warrants can be issued to arrest a specific person (or more than one person).
Erroneous Information in an Arrest Warrant
Police make every effort to ensure the accuracy and factual nature of the information contained in an arrest warrant, but in rare cases warrants can contain errors. For instance, a subject’s name can be misspelled, or the crime listed may be different than the one committed. Law enforcement officers should allow suspects to see arrest warrants, and if it can be proven that police have detained the wrong person, the arrest cannot proceed. However, many officers do not show suspects a warrant, and may arrest a subject before confirming their identity. Simple clerical errors are not substantial enough to invalidate an arrest warrant.
What to do if a Warrant Has Been Issued in Your Name
Having a warrant out for your arrest can be unsettling, especially if it has never happened before. You can turn yourself in to local police, or to the department that issued your warrant. Alternatively, you can go before a judge and petition for the warrant to be removed or “quashed”. Whichever method you choose, it is best to call a Law Firm in Junction City, KS before making any decisions.
