Most people don’t expect to deal with an arrest—until it happens. And when it does, it can feel confusing, intimidating, and downright overwhelming. The truth is, not all arrests are the same. Depending on the situation, the charge, and even who initiates the arrest, the process can vary quite a bit.
If you or someone you care about is facing legal trouble in Elkhart County, understanding the different types of arrests can help you know what to expect, how to respond, and when to seek professional help like a bail bond service.
Let’s walk through the main categories, break down what each means, and clarify where bail might come into play.
1. Warrant Arrests
A warrant arrest occurs when a judge issues a legal document, known as an arrest warrant, authorizing law enforcement to detain an individual. This type of arrest is typically the result of a law enforcement officer or prosecutor presenting evidence to a judge that suggests probable cause of a crime. Once the warrant is issued, the police can arrest the individual at any location.
These arrests can catch people off guard. You might be pulled over for a minor traffic stop only to discover there’s an active warrant for your arrest. Once you’re taken into custody, the bail process kicks in. Bail amounts for warrant arrests often vary depending on the severity of the original charge and whether it’s a new offense or tied to a missed court date.
2. On-View Arrests
An on-view arrest happens when a law enforcement officer witnesses a crime in progress and immediately arrests the suspect. These arrests do not require a warrant because the officer has direct evidence of the crime. Common examples include arrests for driving under the influence (DUI) or theft observed by the police.
This is probably what most people picture when they hear the word “arrest”—a person caught red-handed. On-view arrests usually involve faster processing, and bail is often set quickly. The sooner you contact a bail bondsman, the sooner you can get out of custody and start preparing your defense.
3. Citizen’s Arrests
A citizen’s arrest is when a private individual, rather than a law enforcement officer, detains someone they believe has committed a crime. While this type of arrest is legal in many jurisdictions, including Elkhart County, it comes with significant risks and legal complexities. Individuals making a citizen’s arrest must be cautious and aware of the laws governing such actions to avoid potential legal repercussions.
Though rare, citizen arrests can happen during theft, vandalism, or assault cases. However, they often lead to complicated legal proceedings, especially if the person making the arrest fails to follow proper protocol. It’s always best to call law enforcement and let professionals handle the situation.
4. Juvenile Arrests
Juvenile arrests involve individuals under the age of 18 who are suspected of committing a crime. The procedures for juvenile arrests are often different from those for adults, focusing more on rehabilitation than punishment. Juveniles may be taken into custody and placed in a juvenile detention center. In Elkhart County, bail for juveniles is handled differently, and the involvement of parents or guardians is crucial.
In most cases, courts prioritize rehabilitation for juveniles. While a minor can be detained, bail isn’t always part of the process. In situations where it is, family members often need to work closely with legal professionals and bail agents to ensure the child is released responsibly and safely.
5. Bench Warrant Arrests
A bench warrant arrest occurs when a judge issues a warrant for an individual’s arrest due to their failure to appear in court or comply with a court order. This can happen for reasons such as missing a court date, not paying a fine, or violating probation terms. Once a bench warrant is issued, law enforcement can arrest the individual at any time.
Bench warrants are common—and dangerous to ignore. Many people don’t realize that even a missed traffic hearing or unpaid ticket can trigger a bench warrant arrest. If you find yourself in this situation, securing bail and getting legal help immediately is critical to minimizing the impact.
Why Knowing the Types of Arrests Matters
You might be wondering: “Why does it matter how many types of arrest exist? Isn’t getting arrested just getting arrested?” Not quite. Knowing the types of arrest helps you understand what comes next—whether bail is an option if you’ll be taken to jail and how quickly you need legal representation.
For example, someone picked up on a warrant arrest may need a bail bond urgently, while someone facing a juvenile arrest might have a more complex process involving family court. Each arrest type impacts your next steps, your rights, and how you should respond.
How Bail Differs Across the Kinds of Arrest
Depending on the kind of arrest, bail may or may not be immediately available. Here’s a quick look at how it works:
- For on-view arrests, bail is typically set within hours.
- For warrant arrests, bail may already be pre-determined by the judge.
- In bench warrant arrests, bail could be higher because of the failure to appear.
- Juvenile arrests often involve conditions beyond just paying money—like counseling or parental monitoring.
- Citizen’s arrests are less predictable and depend on follow-up action by law enforcement.
Understanding the different types of arrests helps you or your loved one avoid delays and mistakes in the bail process.
What To Do If You’re Unsure About Your Arrest Type
At the moment, it’s not always clear what type of arrest you or a loved one is dealing with. Was there a warrant involved? Was it an on-the-spot arrest? Did the officer issue a citation or take someone straight to jail?
If you’re unsure, don’t guess—take action. Start by contacting a bail bondsman or attorney as soon as possible. Professionals can access court systems, clarify the nature of the charges, and help you figure out the next steps based on the specific types of arrests involved.
Waiting too long to ask the right questions can delay your release and even complicate your case. A quick response helps you protect your rights, understand your options, and avoid unnecessary time in custody.
Navigating the complexities of the criminal justice system in Elkhart County can be overwhelming, especially when dealing with different types of arrests. DeLaughter Bail Bonds’ experienced bail bondsmen are dedicated to providing swift, reliable bail bond services to ensure your quick release and peace of mind. Call us now to secure your freedom and get the support you need!
