Anytime a law enforcement official has probable cause to believe that someone is guilty of a crime, they can ask a judge to order a warrant for an arrest. When that person is found, they are taken into custody and held for a hearing to determine the next step in response to the charge.
Accused of a Crime
In order for a citizen of the United States to be accused of a crime, there must be evidence that points toward that person’s guilt. Citizens are protected from being arrested without cause, and in addition, they are protected from having their person or premises searched without probable cause. However, if the officer has a reasonable belief that a crime was committed by the person in question, they may have cause to order an arrest warrant, also known as a jail warrant because it provides authority to place a suspect or offender in jail.
Being Issued a Warrant for Arrest
Once a person is served with an arrest warrant, they will be taken to jail for processing, notified of the crime for which they have been arrested, and given the opportunity to contact a lawyer. Anyone who is served with a jail warrant has the right to remain silent under their Miranda rights until they have an attorney present who will advise them throughout the legal process.
If someone is accused of a crime and is found guilty, there are generally sentencing guidelines in the jurisdiction that has authority. Those can be federal, state, or local. But those sentencing guidelines often provide minimum and maximum sentences for that specific crime.
Anyone who is accused or suspected of a crime will generally have a warrant sworn out for their arrest. If they are not apprehended, they may have outstanding warrants that remain on their record until those charges are satisfied. Anytime a person with outstanding warrants is stopped for even a minor traffic infraction or attempts to renew their driver’s license, they can be arrested and held accountable for the crime listed on any active warrants.
Help from a Criminal Defense Attorney
There can be a number of reasons why a person would have active warrants issued under their name. They may be for failure to appear in court, to a traffic violation, to an arresting authority believing they have probable cause that that person committed a crime. However, an arrest warrant will remain on a person’s record, affecting their traffic record, possibly influencing their ability to obtain a job or promotion, and even affecting insurance rates, until it is resolved. It is important to face any arrest warrants quickly, with the help of an accomplished attorney, in order to prevent those consequences from affecting their freedom and future.
