If the police have a reasonable cause to believe that you have committed a crime, they can have a warrant signed by a judge that will call for your arrest. But what is an arrest warrant, and what should you do if you receive one? This article will outline the steps that you should take to protect yourself against criminal prosecution:
First, read over the warrant document and inspect that the information is correct – review the name, address, and other details. If the police are asking questions, you should refrain from answering – you may incriminate yourself, or provide incorrect information that can be considered an obstruction of justice.
An arrest warrant gives police the ability to take custody of the suspect. They must have a probable cause for believing that you have committed a crime or violated bail conditions. Police can arrest an individual without a warrant if they witness them commit an offence, and it must contain a reasonable cause that is specific to the person being accused. A description that is too vague will not hold up in court. Arrest warrants do not expire – they remain valid until they are dealt with. Depending on the warrant, it may give the police permission to seize a belonging, search your property, or arrest you – this will require you to turn yourself in at a police station. They are also able to put you in jail. At this point, the warrant is considered executed.
What can cause police to issue a warrant? When an individual is suspected of a crime, the police will write up a warrant to make a lawful arrest. If a person is out on bail and violates the conditions, they may receive an arrest warrant. Alternatively, if someone has been summoned to appear in court, but has failed to do so, then they will be given a bench warrant. This document, which is signed by a judge, will contain the name of the accused and information about the charges that are being pressed. After the document is issued, the police are granted authority to take the suspect into custody.
After the warrant has been issued, what should you do? Know that you are not required to answer the questions of the police; you have the right to remain silent. Giving statements without counsel with your lawyer first can result in the police using your claims against you. All you need to say is, “I want to contact my lawyer.” If the police continue to question you, you can remain silent. You can also say that you refuse to answer or give a statement, and if they continue pressuring you, you can repeat yourself. The police are mandated to provide you a telephone to contact a lawyer – you also have a right to talk to a lawyer in private. Under these circumstances, you will need a criminal lawyer. When it comes to the law, you want to trust that your case is in the best hands.
If you are charged with a crime, the best course of action is to contact Winnipeg defence lawyers. At Brodsky Amy & Gould, we can help you understand what to do when you receive an arrest warrant. The criminal lawyers at our firm provide expert legal advice that will help you navigate the complexities of a charge. Our attorneys will tell you how to answer questions posed by law enforcers so that you do not incriminate yourself.