In order to make an arrest, the police need to follow a specific protocol. They can’t just do whatever they want to do and arrest you. There are many elements involved in a lawful arrest, including cause, an arrest warrant, and the way in which the police have to act. If the arresting officer does not follow protocol, your arrest might not be lawful. On this page, I will further discuss what it takes to make a lawful arrest and explain arrest warrants. You can also learn what you should do if you think that your arrest was not lawful.
In order to make a lawful arrest, a police officer must have an arrest warrant. Arrest warrants should contain the following:
- Probable cause for the arrest.
- The warrant should be issued by a magistrate.
- The warrant should be issued based on police affidavit.
- Warrant should describe the person to be arrested.
The acronym PRAWN in the term PRAWN warrants stands for paperless re-arrest warrant network. In Connecticut, any law enforcement officer can make an arrest on a PRAWN warrant.
Once arrested with a proper arrest warrant, the person will be processed by the police station. A person who has just been arrested will be identified at the police station. Then, information will be taken by the police. Finally, fingerprints/pictures will be obtained. At this point, you will find out if you can be released from custody and if you need bail in order to do this.
Depending on the situation, bail might be an option that can be posted the same day, or the arrested person will have to wait until a bail hearing to determine if bail will be denied or granted. Generally speaking, bail will be determined based on the severity of the charges. If a person is charged with a misdemeanor or if the arrested person is a minor, they will probably be released from jail the same day and bail won’t be necessary. For more serious crimes, a bail hearing might be called for in which a judge will review the facts of the arrest and determine if bail should be granted or denied.
If you are not sure if your arrest was lawful, it is a good idea to contact an attorney. Tell the lawyer the details of your arrest. They can review the situation to determine if the arrest was lawful or not. If the arrest was lawful, the lawyer can then help defend you and build your case. If the arrest was not lawful, the lawyer can defend you and potentially get the charges dropped. In order to discuss your legal situation with me, please contact my office.