Criminal Defense Articles | Warrant, Arrest and Bail

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Warrant
Written order by a court official directed to an officer is known as warrant in law. The warrant of arrest and the search warrant are the frequently used types. The seizure of a defendant's goods pending trial or judicial determination of ownership is known as warrants of attachment order. A judge or court clerk usually issues warrants. They are directed to sheriffs, marshals, constables, and other officers of the peace. The strictest compliance with legal forms and rules for serving a warrant is ordinarily necessary if it is to be effective.

Arrest Rules
Detention of a person, either to bring him before a court body or official, or to otherwise secure the administration of the law, is known as “arrest”. For an alleged violation of civil or criminal law, a person may be arrested. When one has been found guilty of civil contempt of court, civil arrest is used. But, it is also allowed in cases where it is feared the defendant may attempt to flee the court's jurisdiction or otherwise frustrate justice, in some states of the United States.

Generally, an arrest is accomplished by a warrant issued by a court or officer of justice. In civil arrest, a warrant must always be issued and generally anyone named may not be apprehended on Sundays or legal holidays. There are no time restrictions on making a criminal arrest. If a crime is committed in his presence, any person may make such an arrest without a warrant. This is the so-called citizen's arrest. An officer of the law does not always need a warrant to arrest someone if he reasonably suspects that person on the basis of facts or circumstances of having recently committed a felony.

However, there must be a warrant before the arrest in all other criminal cases. Force may be used in making an arrest, even to the extent of killing a person who resists arrest for a felony that endangers human life. The apprehended person may procure his release by habeas corpus and may bring a civil suit for false imprisonment, if an arrest is contrary to law. In most cases, the person detained may be released if he can post bail. Diplomatic personnel and members of Congress and of state legislatures during legislative sessions are exempt from arrest.

Bail Procedure
In simple term, the word “bail” means release from the prison. In exact legal term, “bail” indicates procurement of release of a person from prison awaiting trial or an appeal, by the deposit of security to insure his submission at the required time to legal authority.

The monetary value of the security: known also as the bail, or, more accurately, the bail bond: is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company.

If the person on bail fails to surrender himself at the appointed time, his security is forfeited. In civil arrest, bail is granted usually. Under criminal arrest, courts have greater discretion to grant or deny bail in the case of persons. The bail is refused if the accused is charged with homicide. The Eighth Amendment to the Constitution of the United States provides that "excessive bail shall not be required," but it does not provide any absolute right to bail.

False Imprisonment
Complete restraint upon a person's liberty of movement without legal justification is known as false imprisonment. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages.
The suit would be brought against officials improperly issuing warrants for arrest and against private persons for any illegal total restraint of liberty. Release from such illegal restraint may be had through a habeas corpus proceeding.

Further reading resources

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