The police can’t arrest you unless they catch you in the middle of a felony, or if they have an outstanding warrant for your arrest.
You’re only a suspect during an investigation, and since you aren’t conclusively associated with a crime yet, you can’t be arrested.
Law enforcement authorities have to prove that there is sufficient evidence tying you to a crime before they arrest you.
There are three types of warrants—not all of which will lead to an arrest. These include:
- Arrest warrant—Issued by a judge to arrest a suspect. Arrest warrants are issued when a complaint is filed against a defendant. They describe the crime and point out the unique characteristics of the defendant that prove probable cause/separate them from other suspects.
- Search warrant—Issued by a judge, commanding law enforcement authorities to seize particular property and bring it to the courts. These are also issued based on probable cause.
- Bench warrant—Commands law enforcement authorities to bring a person in front of the court. These are usually issued when people don’t respond to subpoenas and summons to court.
But you should know that officers can make warrantless arrests too. This happens on occasions when they don’t have time to get a warrant, or have credible witnesses identifying you as the perpetrator.
They can’t detain you for more than 48-hours without presenting you to a judge, however.
What Does Probable Cause Mean?
Local enforcement agencies (LEAs) can’t actively (and legally) interfere with your day-to-day business when you’re under suspicion of committing a crime. It’s considered in the best interest of justice that officers of the law have sufficient reason to arrest, search, or force you to come to court.
To get permission, law officers have to prove to a judge that there’s enough evidence to bring you to court. The evidence must show probable cause that you committed a felony.
The judge looks at the available evidence and passes a judgment as agreement/disagreement with regard to the LEA’s claim that there is probable cause. Once probable cause is established, the judge will issue a warrant and initiate a trial.
What to Do When You Find Out About the Warrant
If a law enforcement agent has a warrant for your arrest or to search your property, the first step is to find out all you can about the charges against you.
Learn all you can about the date of the offense, when you were charged, descriptions of the offense, etc.— everything the police presented to a judge to establish probable cause.
Pass this information on to your attorney as soon as possible, because that’s where they start making the case against the arrest.
The next step is to get in touch with your bail bond agent to inform them of your arrest and the bail amount set for your release. Make sure that your attorney coordinates all activities with your bail agent to expedite your release from jail. Once you’ve made bail, you can begin working on your trial in earnest.
DeLaughter Bail Bonds in Indiana is a 24-hour bail bonds service that offers surety and transfer bonds whenever needed. We offer our bail bond services in Kosciusko County, Tippecanoe County and other areas throughout Indiana. Speak with us now if you need bail for a loved one in Indiana.