Since most of us have never been charged with an offense or
a crime, the majority does not know how a criminal case begins and what a
warrant of arrest must contain. Today, David Serna explains how a criminal case
begins.
It starts with probable cause to arrest an individual.
Probable cause is not the same as personal knowledge. There are many instances
when crimes take place without the actual knowledge of the police. It is
unlikely that a police officer or law enforcer witnesses every crime. Many
crimes are based on reports made by other individuals who personally saw the
crime or offense.
Before a judge can sign and issue a warrant of arrest, the
police officer must first establish probable cause in his affidavit, which must
be sworn under oath. An affidavit is sufficient when it contains facts and
circumstances that lead the police officer to believe that a crime was committed,
and the person being charged committed the same.
Broad charges or those that identify the crime but not the
criminal fail to satisfy the requirement on probable cause. These reports would
most likely fail to persuade the judge or magistrate to issue a warrant, says
David Serna.
A warrant of arrest gives a police officer the authority to
arrest an individual or a group of individuals specifically named in the
warrant—unless it’s a john doe warrant, one that is issued when the true name
of the person to be arrested is unknown or cannot be identified.
The acts constituting the crime committed must be specified
in the warrant. Warrants must also state the amount of bail to be posted by the
defendant to keep him from losing his freedom. Some warrants contain
restrictions on the time and manner of arrest to be made.
Learn more from David Serna today! Click his page for more
information on criminal procedure.
