There are two basic ways to be arrested by the police in North Carolina, and both involve probable cause for arrest. The first method is when the police have probable cause to believe that a crime is being committed by witnessing the crime being committed, or under other very particular set of circumstances. The second method for the probable necessary for arrest is the often-misunderstood, arrest warrant. In order for an arrest warrant to be issued, a citizen or a government official must go before a magistrate or a judge and under oath, state specific facts that allege that someone has committed a crime. If you become aware that a warrant for your arrest has been issued, you should contact a criminal defense attorney right away.
Process for an arrest warrant being issued
As previously stated, the basis for an arrest is always probable cause. If a police officer cannot reach the probable cause standard on his own and in the moment, the probable cause must be found by a neutral judge or magistrate. This is done by an ordinary citizen or a government official given sworn testimony alleging facts alleging that a crime was committed and that the particular person who the arrest warrant is being issued against is the person who committed a crime.
Requirements of an arrest warrant
In addition to being issued by a neutral party, the arrest warrant must specifically identify the person to be arrested.
Clearing up a warrant
There are only a few ways to proceed in clearing up an arrest warrant
- The person with the warrant can turn themselves in, and allow themselves to be arrested and processed.
- In some instances, a government official such as a prosecutor or judge has the power to recall a warrant that has been issued. An example of this would be for a warrant that was issued because someone missed a court appearance.
- A warrant can be invalidated if it can be shown that a law enforcement office obtained that warrant by providing false testimony in support of the issuance of that warrant.
Serving an arrest warrant
A warrant is executed by arresting the defendant, and allows the police to enter the defendant’s home to do so. Upon arrest, the officer must show the warrant to the defendant. If the officer does not possess the warrant, the officer must inform the defendant of the warrant’s existence and of the offense charged and, at the defendant’s request, must show the warrant to the defendant as soon as possible.
At Gilles Law we handle a wide range or criminal charges and we can offer advice on how to handle arrest warrants. If you need a criminal defense lawyer contact us.