What Is an Arrest Warrant?
An arrest warrant is an important legal document based on probable cause that the person named committed a crime. It requires a judge’s signature and authorizes law enforcement to arrest the person named and take them to jail. If the authorities have an arrest warrant with your name on it, seek the skilled legal representation of an experienced Greenville criminal defense attorney.
Arrest Warrants
As mentioned, an arrest warrant is a legal document to which each of the following applies:
- Probable cause exists for claiming the person named committed a crime and there are reasonable grounds for seeking arrest.
- A judge will authorize the document with a signature.
- The document names the person who is being arrested.
- It gives the arresting officers authority to make the arrest and take the named party to jail.
Issuing the Arrest Warrant
When a police officer determines probable cause to arrest an individual, they typically need to seek an arrest warrant to proceed. This generally involves submitting a warrant affidavit that is both signed and notarized and clearly defines the basis of the accusation.
A magistrate, municipal or circuit court judge agrees with the officer’s assessment and signs the warrant. They grant the officer the authority necessary to make the arrest requested. Typically, arrest warrants become the charging documents initiating the criminal cases.
What is a Warrantless Arrest?
The police do not need a warrant to arrest you if:
- They witness you commit a felony.
- They witness you commit larceny or theft at the misdemeanor or felony level.
If the officer arresting you is a sheriff’s deputy, they have the authority to arrest you without a warrant if they witness you committing either a misdemeanor or a felony.
Uniform Traffic Ticket Arrests
When the police make traffic stops, they don’t need to seek warrants through judges to arrest the drivers they’ve pulled over because the State of South Carolina authorizes officers to make arrests on what are called blue uniform traffic tickets for all traffic offenses as well as for certain additional offenses, such as:
- Dumping trash on the highway
- Engaging in indecent exposure
- Participating in disorderly conduct
- Drinking liquor in a public conveyance
- Damaging the highway
- Placing glass, nails, or anything that could damage vehicles
Get Our Experienced Greenville Criminal Defense Attorney in Your Corner
The formidable Greenville criminal defense attorneys at Ryan Beasley Law harness the full force of our impressive experience and legal savvy for every client we faithfully defend. We’re here for you. Don’t put off contacting us online or calling 864-679-7777 to find out what we can do to help you today.