Walk It Through: The Chase That Did Not Happen
Lights in the mirror, a moment's hesitation, an arrest, and bail.
Lights and a siren come on behind a driver who has a warrant out for a missed court date.
Two things a person in this spot might do. Picking one shows what the law says about it.
One arrest on one warrant. Deadly force, a passenger's rights, the hearing on probable cause after a warrantless arrest and bail after a conviction are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- FelonyA crime punishable by death or by imprisonment in the state prison. Unless a section sets another punishment, it carries up to five years, a fine of up to $50,000, or both.
- MisdemeanorAny crime that is not a felony. Unless a section sets another punishment, it carries up to six months in county jail, a fine of up to $1,000, or both.
- ArrestTaking a person into custody as the law allows, by a peace officer or a private person.
- MagistrateThe judicial officer before whom a person arrested without a warrant is taken without unnecessary delay, with a complaint stating the charge.
- Search warrantA written order in the state's name, signed by a magistrate, judge or justice, directing an officer to search for and seize property. It must be executed and returned within fourteen days of its date.
- Deadly forceForce an officer may use to overcome resistance only on probable cause that the resistance threatens death or serious physical injury, and to stop a felony suspect's escape only on probable cause that the person poses such a threat.
- ForfeitureTaking property used in drug crimes, such as vehicles used to transport drugs and money found close to them. Proceedings begin within thirty days of a seizure, and an owner may answer within twenty days of the notice.
- Bail as a matter of rightThe entitlement of a person charged with a crime, and not released on recognizance, to bail before a plea or verdict of guilty, unless the offense is punishable by death and the proof is evident or the presumption great.
- Own recognizanceRelease without bail on the person's promise to appear, which a court weighs against appearance, the integrity of the process, the protection of victims and witnesses, and public safety.