The Prosecution of a Person Arrested Without a Warrant of Arrest: Understanding the Legal Process

When it comes to criminal proceedings, a person is not officially charged until the prosecutors approve the charges. This article explores the legal process, particularly focusing on the prosecution of a person arrested without a warrant of arrest.

Understanding Charge Approval and the Grand Jury Process

In the United States, a charge is not official until it is approved by the prosecutor. The term 'charge' is often used even before any formal approval is given. In some cases, the incident may be presented to a grand jury, which, if it believes the evidence is sufficient, will return an indictment. An indictment is another form of charge.

The Role of Warrantless Arrests in Law Enforcement

Warrantless arrests occur when law enforcement officials have probable cause to believe a crime has been committed. Here are the steps involved:

Officer Observes a Crime: If an officer witnesses a crime, they can immediately arrest the suspect without a warrant. Investigative Findings: If an officer's investigation of an incident leads them to believe there is probable cause based on their experience, they can make an arrest without a warrant. First Hearing and Probable Cause: Once the charges are approved, a judge will hear evidence at the first hearing to determine if there was sufficient probable cause for the arrest.

Exception to Warrant Requirement: Acts in the Commissioin of a Crime

There are specific exceptions to the requirement for an arrest warrant, particularly in cases where the crime is in the process of being committed. For example, if an officer observes a crime being committed, such as breaking into a shop or committing vandalism, they can immediately arrest the suspect.

Consider the scenario where an officer witnesses a person throwing a brick through a shop window. No warrant is required for the immediate arrest. The officer would then present themselves before a magistrate to provide an account of the circumstances. If the magistrate determines that probable cause exists, they will issue an arrest warrant. In many states, this process can be completed in a short timeframe.

Checks on Police Powers of Arrest

To ensure that the powers of arrest exercised by law enforcement are not abused, there are several checks in place:

Prosecutors and Judges: The prosecution and the judge serve as important checks on the officer's powers of arrest. They must ensure that the arresting officer has probable cause to make an arrest. Warrant Issuance: Even in the absence of a warrant, a judge can issue a warrant if probable cause is established during the first hearing.

By maintaining a balance between law enforcement and the rights of the accused, the legal system aims to uphold justice and fairness.