To continue our blog on lawful and unlawful arrests, for an arrest to be lawful the court or official body must have jurisdiction and the authority to arrest the person targeted by the warrant. The arresting officer is required to know the requirements of a valid warrant. If the warrant does not fulfill all of these specifications, the officer may be liable for a false arrest even though he or she did not prepare the warrant.
Also, there is no protection from false arrest if the arresting officer intentionally or recklessly leaves out information, or knowingly provides false information, to procure the warrant. In most cases, however, if the officer mistakenly leaves out or provides inaccurate information, the warrant is still valid.
What Is a Warrantless Arrest?
If all of the known facts at the time of the arrest lead a “reasonably prudent” person to believe that the person arrested had committed a felony, the law enforcement officer can make an arrest without a warrant. Even if a criminal trial later proves the person innocent, this does not mean the officer lacked probable cause. Law enforcement officials can also make warrantless arrests of anyone that is potentially guilty of breach of the peace. This arrest is considered lawful whether the breach of the peace is a felony or misdemeanor and regardless of whether all of the people arrested were actually breaching the peace.
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A person who is being arrested must be informed that he or she is being arrested. However, when a law enforcement officer is making the arrest, a visible badge or uniform is sufficient to inform the person that he or she is being arrested. For an arrest to be lawful, a law enforcement officer must also tell the person arrested what they are being arrested for. If telling the person what they are being arrested for is too dangerous—or will lead to an escape—can the officer making the arrest skip this requirement. When a law enforcement officer is making an arrest under a warrant, the person arrested must be informed of the warrant and shown the warrant if they ask the arresting officer.
What Is a Warrant?
A warrant is issued by a legal process from the court or another official body for the arrest of a person. An arrest warrant is typically for criminal charges; it may also be used in relation to mental health or guardianship issues. When the warrant is deemed “valid,” the person making the arrest cannot be sued in civil court for false arrest. A valid warrant must include:
- The name of the court or other official issuing entity.
- The arrested person’s name or description.
- The offense or reason for the arrest.
- Additional criminal procedure requirements to make a warrant valid depend on the jurisdiction.
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The first and least useful misconception about bail bondsmen is that they are disreputable. The truth is that most bail bondsmen are hardworking individuals who are motivated by helping families get by during a tremendously difficult time. Also, the best bondsmen are extremely knowledgeable about laws as they pertain to many kinds of cases, as well as about local law enforcement agencies and the area’s court system. Some of the most common myths or misconceptions about bail bonds, in general, include all of the following:
You Can Only Pay Bail Bondsmen in Cash
While cash is certainly acceptable, other options are available for you to pay bail bond companies. At Always Available Bail Bonds LLC, payments for bail bonds in West Chester, PA, and nearby can be made by credit card quickly over the phone.
Bail Amounts Are Negotiable
Bail amounts set by the court are not negotiable. A bail bondsman can help get you to get out of jail, but the bail amounts depend on what the charges are, whether the accused has a previous criminal record, and the probability that the defendant will show up in court. The judge is the only person who can adjust the amount of bail.
Individuals Can Only be Bailed Out by Family Members
Anyone older than 18 or can bail someone else out of jail. However, if you have posted a bond for someone else and the person fails to appear for court, you will lose your bond, and it will be forfeited.