What is a Misdemeanor Warrant?
A misdemeanor warrant is an official written document issued by a court authorizing law enforcement officers to arrest a suspected criminal for a relatively minor crime.
A misdemeanor is generally considered a lesser criminal action. Examples of a misdemeanor include petty theft, traffic violations, disorderly conduct or prostitution.
Being issued of a misdemeanor warrant may either require the person to pay for a monetary fine or spend a certain amount of time in jail. For the latter, jail time normally reaches a maximum of one year.
How is a misdemeanor warrant obtained?
A misdemeanor warrant is unnecessary for instances that police officers witness the crime being committed first-hand, in which the perpetrator may be arrested even without the issuance of an arrest of misdemeanor warrant. misdemeanor warrants are on the other hand issued for instances that law enforcement do not witness the misdemeanor or the crime.
In most cases, the process of warrant issuance happens after a law enforcement official produces a police report claiming that a suspected criminal has committed a misdemeanor. This police report is then submitted by the law enforcement official to a prosecutor’s office. Lastly, a judge or a magistrate then signs the misdemeanor warrant as an act of official issuance of the misdemeanor warrant to be served.
What are the specifications of a misdemeanor warrant?
The prosecution must show relevant probably cause that a misdemeanor has been committed by a suspected criminal in violation of a criminal law – albeit minor in gravity. This means that a misdemeanor warrant must have two specifications:
- The law enforcement officer or prosecutor must recite reasonable belief that a misdemeanor was committed.
- The misdemeanor must be committed by the accused criminal.
A misdemeanor warrant does not expire until it has been server on the suspected criminal or the court authorizes retracting it. Warrants that are not served will remain outstanding especially in cases that the accused is intentionally evading law enforcement or that the accused is unintentionally unaware of the misdemeanor warrant issued for him or her. A misdemeanor warrant may also be outstanding if the agency responsible is simply behind on serving it.
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