Contrary to popular belief, fleeing to the Caribbean is not usually the best answer to finding that you have a warrant out for your arrest. Avoiding or disregarding an arrest warrant is almost always a bad idea. Going to the police station without preparation ahead of time, on the other hand, may not go as planned—especially if you surrender yourself on a weekend or in the evening.
What is an Arrest Warrant?
An arrest warrant is a legal document that authorizes a police officer to detain you for committing a crime. To get a warrant, the cop must show the judge probable cause, which is defined as a reasonable belief or level of suspicion that you committed a crime. The police may be able to present evidence that establishes probable cause, which can speed up the procedure.
Once the arrest warrant has been granted by the court, the officer has the authority to arrest you for the offense at any location where he or she finds you. This might happen at home, at school, at work, in a public location, or even at a traffic check.
Following your arrest, the police will place you under arrest and begin questioning you about the offense. It’s critical at this point to assert your right to a criminal defense attorney and refuse to answer any questions until your lawyer arrives.
Is Arrest Warrant Required every time to make an Arrest?
It’s not always required to get a warrant. A police officer has the power to arrest a suspect without the need for a warrant if an emergency occurs and there is a reasonable concern that someone is in danger. Let’s assume a cop hears someone shouting for aid from within a house. In this case, the officer has the authority to enter the house, confirm that the victim is safe, and make an arrest.
The following are some more scenarios that might contribute to a warrantless arrest.
- Without a warrant, an officer can arrest in public if he or she has reasonable grounds to suspect that a person has committed a criminal crime.
- An officer can make a warrantless arrest in a misdemeanor case if the accused commits the crime while the officer is there.
A court must assess the case after a police officer makes a warrantless arrest to decide if probable cause existed. The officer in question must provide the court with a sworn statement and proof backing his or her probable cause. The case will move on if the court determines that probable cause existed. If the court finds no reasonable grounds, the subject will be released.
Resolving an Arrest Warrant
Having a local criminal defense attorney defend you is often the best way to tackle an outstanding arrest warrant. While each scenario is unique, an attorney who is knowledgeable about the relevant criminal court system could be able to help you find a solution such as:
- Getting the arrest warrant revoked and a court date set
- Surrendering oneself at a mutually agreed-upon time and location, with the opportunity of bailing out as soon as you’ve been processed.
