WARRANTS

 

Anyone can file charges. When someone files charges, they essentially "swear out" an affidavit against another person. The affidavit is accompanied by a warrant. The warrant is not valid unless it is signed by the Judge. After the judge reviews the report and affidavit, he makes a "probable cause" determination. If he chooses, he will sign the warrant. If he has a question, as to the validity of the charge, he may wait to find out more information. The affidavit or warrant must have identifying information, such as a date of birth, social security number or address, or a place of employment. This is to ensure that when an arrest is made, it is the right person.

After the Judge signs the warrant, the warrant is put in an active warrant file and the person charged is subject to being arrested. After an arrest is made, the person must post a bond to get out of jail. A bond is is an amount of money that is put up, either by cash or by a bail bondsman, to ensure that the defendant is in court on his court date.

If a person does not show up for court, a Bench Warrant is issued. In some cases, the defendant's drivers license may be suspended. If a person doesn't pay a fine or comply with the orders of the Court, a Contempt Warrant is issued. When a subject is arrested by a Bench Warrant or a Contempt Warrant, he must pay cash to get out of jail. In the event a warrant is issued because a Court Order is violated, The defendant may not be able to bond until after his initial appearance with the Judge.

 

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