If you’ve been served an arrest warrant, you might have questions on the process and even wonder if the way you were served was legal. What is the actual process for serving arrest warrants in Stamford? At Joseph J. Colarusso, Attorney at Law, we have an extensive knowledge in each step of the warrant and arrest process. We know that if certain procedures are not done correctly, your arrest might be faulty. We are prepared to examine the circumstances surrounding your arrest to be sure your rights have been upheld.
Authorities need to have probable cause before you’re charged with a crime, states Cornell University Law School’s Legal Information Institute. This means that witnesses and others must have a good reason to believe you were the one responsible for the crime. It is not enough simply to make a vague statement matching your description that could also match anyone else in the area. The police officer obtaining a warrant must have either your name or a sufficient physical description, such as birthmarks, tattoos, hair color, facial hair and approximate height and weight.
After a police officer submits a written affidavit to a judge or magistrate, a warrant may be issued and an officer can then execute it. The warrant must include a description of the crime in question and be signed by the judge. When you are served, the officer must tell you the warrant exists. You have the right to request to see the warrant, at which time the officer must show you the warrant as soon as possible.
A criminal charge can come with serious penalties, so you are entitled to defend yourself. You can learn more about the defense process for theft and other allegations by clicking here.