What Is the Meaning of a Warrant of Arrest?

A warrant of arrest is a document issued by a judge to law enforcement personnel that gives them permission to take someone into their custody. When in custody, the person of interest can be held in jail and charged with a crime.

  1. Requirements

    • A warrant of arrest, also know as an arrest warrant, is issued upon presentation of evidence that a crime has occurred. A sworn statement made by the district attorney, a police officer or an alleged victim that the accused has committed a crime must be presented.

    Parts of a Warrant

    • The warrant is issued if the authorities have probable cause that creates justification for the warrant. A warrant of arrest must include the name of the person or a reasonable description of that person, a statement of offense against the laws of that state and a signature of the judge.

    Execution

    • The person being charged must be brought before the judge without delay. The warrant of arrest must be returned to the judge whether it was executed or not. If it was unexecuted, it must be canceled by the judge.

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