Page 11 - 2011 Guide to Family Violence Laws

This is a SEO version of 2011 Guide to Family Violence Laws. Click here to view full version

« Previous Page Table of Contents Next Page »
6
Are there different kinds of
arrest?
Yes, there are several ways an
arrest can be made. A
custodial
arrest
occurs when the police take
a person into custody, take him to
the police station, and "book" him.
In a
summons arrest
or
citation
arrest
, a person is not taken into
custody or brought anywhere by
the police. Instead, the police give
the person arrested a summons or
citation (like a traffic ticket) that
tells him what he is charged with
and when he must be in court.
If the crime is a misdemeanor,
then either a summons/citation
arrest, or a custodial arrest must
be based on speedy information
(the arrest must be made soon
after the crime happened). If a
number of hours have passed
since the misdemeanor happened,
and the police have not made an
arrest, then they must get an
arrest warrant to make an arrest.
This kind of arrest is called a
warrant arrest
.
If the police need an arrest
warrant to make the arrest, how
do they get one?
To get an arrest warrant, the police
officer must write an application
and attach a sworn statement (from
the officer, the victim, or a witness)
and submit it to the prosecutor, also
known as the State's Attorney. The
prosecutor must approve the
warrant, and then present it to a
judge. The judge will sign the arrest
warrant if he or she believes there is
probable cause to believe that a
crime has been committed. A judge’s
signature on an arrest warrant
allows the police to find the person
named and to arrest him. The
process of getting an arrest warrant
can take anywhere from a few days
to a few weeks. A victim can also
apply for a warrant. A victim can
usually do this through the police
department or she can ask a
prosecutor or advocate for help.
With what crime will the person
be charged?
The police could charge him with
many different crimes for the same
incident. For example, if he comes to
your house when he has no right to
be there, and hits you when he is
there, he might be charged with
criminal trespass (for being at your
house without a right to be there
and without your permission), or he
might be charged with assault (for
hitting you); he could also be
charged with both. He might also be
charged with breach of peace or
creating a public disturbance, which
are less serious offenses.
Misdemeanor:
a crime punishable by
up to one year in jail.
Examples: Assault in the third
degree, disorderly conduct, breach of
peace.
Felony:
a crime punishable by more
than one year in jail.
Examples: Assault in the first or
second degree, sexual assault in the
first, second or third degree, murder,
manslaughter.