Learn More About the Types of New York Arrest Warrant
Arrest warrants are issued by the courts but can be issued by the Congress of the United States or other legislative bodies. In the United States, arrest warrants must be backed by a sworn and signed affidavit detailing probable cause that a particular offense has been done and the accused has committed the crime.
In most parts of the country, an arrest warrant is mandatory for misdemeanors that do not take place within the sight of a law enforcement officer. As long as the obligatory probable cause is noted, an arrest warrant is not essential to detain someone who is alleged of an act of felony.
In the United States, a writ known as mittimus issued by the court or the magistrate of the district provides guidelines to the sheriff and other law enforcement officers. These writs, commonly known as CAPIAS, are orders defined to detain a person or assets. These writs are issued mainly when there is a failure on the part of the suspect to appear in front of the court for a hearing or adjudication.
Bench Arrest Warrant
An arrest warrants variant is a bench warrant. The bench warrants authorize the arrest of an individual who is mentioned in the bench warrant. Persons who are held responsible for contempt of court are given bench warrants by the judges of the courts. This is done as a result of that person’s failure to stand in front of the court at the specified time and day for a specified court appearance. Bench warrants are issued by civil or criminal courts.
The court can forfeit bail and may specify higher bail if the person is rearrested while awaiting a criminal trial. If an individual has a bench warrant, if s/he is stopped by the police officer, the authority has the right to put him/her in custody and a subsequent hearing is held. Hearings happens when the court is setting up a new bail total, date of court appearance and new conditions. If anybody is detained on the basis of a bench warrant, the court generally declares a escape risk and imposes orders to hold them without a bail.
Outstanding arrest warrants are warrants which have not been served earlier. If the offender whose name is in the warrant is deliberately evading law enforcement but is not aware that warrant has been issued then a warrant becomes outstanding. The agency which is accountable for executing the arrest warrants has an accumulation of warrants that are to be served.
Arrest Warrant
The Department of Criminal Justice Services contains all individuals’ criminal records. These records are based on fingerprints of the criminal, the charges that are reported with the arrest, and the judicial actions involved in disposing of the charges. Arrest records are supported and initialized by a set of fingerprints and related data that are submitted to the DCJS by different arrest agencies.
The local arresting agencies are the County sheriff departments as well as town, village, district and county police and city police departments. There are also other local authorities like the Prosecutor Investigators, Railroad Police, New York City Fire Marshals, New York City Water Supply Police and other law enforcement authorities. There are other state arresting agencies which include State Police, State Environmental Conservation Police, State Parks and Recreation Police, State Taxation Department investigators and State University of New York Police.
Bench Warrants in the State of New York must include the following:
- Social security number
- Original arrest date or date of appearance
- Key identifiers
- Indication of original arrest fingerprint status
- Last known address
- Weight
- Height
- Race
- Sex
- Hair color
- Eye color
- Scars
- Alias and street names
- Marks and tattoos
- Complexion
- Hair style
- Facial hair
- Gang affiliation
- Last known phone number
- Employment information
Arrest warrants should also contain as many available identifiers as possible.
There are three categories of arrest processing:
- Finger printable arrest processing
- Judicial processing of finger printable cases and
- Custody or Supervision Processing of finger printable cases which comprise various subcategories of Probation, Jail and State Prison or Parole.
There is a flow chart that includes decision points where you need to follow a yes or a no path. You can get the flow chart that represents the process of arrest at http://www.criminaljustice.state.ny.us/stdpractices/links.htm. The Division of Criminal Justice Services, New York State is always open to your questions, suggestions, comments and complaints. You can contact the DCJS at the following address
New York State Division of Criminal Services,4 Tower Place – 10th Floor,Albany, New York 12203-3764
|
