Walk It Through: The Night In County
An arrest on a warrant, questions, a magistrate in the morning, and release on a promise to appear.
An officer arrests a man at work on a warrant for a theft charge.
Two things a person in this spot might do. Picking one shows what the law says about it.
One arrest on a theft warrant and a first appearance. A charge punishable by death, a probation hold, a cash bond and a bond revocation 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.
- Class 1 misdemeanorThe more serious of the two misdemeanor classes, with a maximum of one year in a county jail or a $2,000 fine, or both.
- Committing magistrateThe judicial officer an arrested person is taken before, the nearest one available, without unnecessary delay after the arrest.
- Exigent circumstancesAn emergency that can justify a warrantless arrest. With an arrest warrant or such circumstances, and after reasonable notice and refusal, an officer may break into a dwelling to arrest.
- Petty offenseA lesser kind of offense, such as not having the license on the driver. An officer may detain a person only as long as it takes to issue the complaint and summons, and that detention is not an arrest.
- Personal recognizanceRelease before trial on a promise to appear, with no money posted. It is the rule unless the court finds it will not assure appearance or that the defendant may endanger others.