0
What else can I help you with?
Can you leave Australia with an arrest warrant?
If you miss a court date in the state of Victoria Australia there will be a warrant issued for your arrest. When a warrant is issued for your arrest you must appear before a judge before you can leave the country.
What must police have to arrest people?
an arrest warrant.
What does laying of information mean?
There are two ways in which criminal proceedings can be initiated, namely: (a) The laying of information ensuring the accused's presence before a magistrates' court resulting from an arrest warrant or a summons. (b) An arrest without warrant and a subsequent charge. A laying of information must be carried out before the issue of either a warrant of arrest or a summons. Any information, submitted to a Justice of the Peace (JP) or the Clerk to the Justices, leading to the issue of an arrest warrant or summons, must be in writing and must include information on the statute infringed and the nature of the charge. This is the text book version. In simple terms I believe this means that before a warant is issued for someones arrest or court summons the information about the offence must be presented to initiate criminal proceedings. That is if they have not already been arrested (point b above). Hope this helps, Demelza
If a Police officer in NY stops someone that has a Felony warrant can that officer arrest him on that warrant?
Yes, of course. An arrest warrant is a command from a judge to arrest a person. Usually a police officer has no choice and must arrest.
What must a search warrant state?
An arrest warrant must name or specifically describe the person(s) to be arrested.
Whats the main differences between arrest with and without a warrant?
Without a warrant you must find reasonable grounds to arrest someone, whereas with a warrant your reason to arrest the suspect already exists. Without a warrant a Police Officer can arrest anyone without permission of a Magistrate as long as they follow the correct procedures so their arrest is lawful, which is unlike an arrest with a warrant where you must be granted the warrant to be able to arrest that person. Without a warrant, a Police Officer can mess the arrest up and make it an unlawful arrest but with a warrant it is very unlikely that they make it an unlawful arrest.
Can you give an example of warrant of arrest and search warrant?
A search warrant or an arrest warrant are signed by a judge giving the policy the authority to carry out the specified procedure. The District Attorney must show cause to have the warrants signed.
What must exist for a legal arrest to occur?
Probable cause or a warrant.
What must the police have in order to arrest someone?
Probable cause or warrant
What are the legal basis for arrest?
A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.
Can I charge the Sheriff for false arrest before case presented to DA?
Law enforcement must have had SOME kind of probable cause to arrest you. If it was enough to sustain an arraignment and an indictment then you must rely on the help and advice of your attorney.
What is required to obtain an arrest warrant?
The officer applying for the warrant must set forth in the application that sufficient 'probable cause' exists that the person named in the warrant was the one that committed the offense. The judge reviewing the warrant application must agree that the 'probable cause' is legally sufficient to support the arrest. When he signs the application it becomes the warrant and is then returned to the officer (or agency) for service.
