What is an Arrest Warrant?
Law enforcement officers must have a reason to arrest you, and one of those reasons is if there is an active arrest warrant in your name. If you suspect there is a warrant for your arrest or you have been arrested, it is crucial to understand what an arrest warrant is. A well-versed Lewisville criminal defense attorney can provide you with legal assistance if either of these situations apply to you. If the warrant for your arrest was not properly authorized and executed, your attorney could use that in your defense.
Arrest Warrants in Texas
A legal document that is signed by a judge or a magistrate that permits law enforcement officers to arrest you is known as an arrest warrant. Typically, an arrest warrant lists the crime for which it is issued, and it may include specific restrictions. For example, it may restrict the timeframe during the day for which an arrest can occur, or it might also specify or deny bail. If the warrant was issued as a result of you not appearing in court, it is known as a bench warrant, and it will likely deny your opportunity for bail.
Arrest warrants are most commonly necessary if a crime is committed that is not witnessed by a police officer. If a felony is committed and witnessed by a police officer, then an arrest can be made even without obtaining a warrant.
Obtaining an Arrest Warrant
A police officer who desires to obtain a warrant usually needs to give a written affidavit to a judge or magistrate. This document is given under oath and must include facts to establish probable cause that the law was broken by the person named in the warrant. The description of the person must be detailed, as it cannot be so broad as to apply to hundreds of individuals. For example, the warrant could say a witness to the crime identified the criminal as a specific person, but it could not say the witness described the perpetrator as a tall blond man in his 20s with blue eyes.
It is important to note that clerical errors such as the misspelling of your name in a warrant do not make it any less valid. In an ideal arrest situation, the arresting law enforcement officer should show you the warrant for your arrest. If the warrant was not for you and you can prove that, the office should not arrest you.
For many reasons, individuals who are being arrested are not shown their warrants, and cases of mistaken identity get sorted out after the arrest. An experienced Lewisville criminal defense lawyer could help you if this happened to you, or if the warrant was intended for you, they could build a defense strategy to help reduce or drop your charges.
Your Knowledgeable Criminal Defense Attorney in Lewisville
If you were recently arrested or suspect that a warrant has been issued for your arrest, you need the services of a knowledgeable criminal defense lawyer in Lewisville. Time is of the essence, and the sooner you reach out for help, the more time your attorney will have to help improve your situation and advise you as to what actions to take next. For legal counsel you can trust, contact attorney Brent D. Bowen at (940) 222-2488 or via the online contact form. Schedule your consultation today.