Because of the Fourth Amendment of the United States Constitution, citizens are protected from unlawful search and seizure. Therefore, probable cause must be established before issuing warrants in Hays County, Texas. With that being said, the relationship between probable cause and arrest warrants isn’t always clear. Here is some information about probable cause and how it relates to arrest warrants.
Sufficient Evidence
In order for an arrest warrant to be issued, there has to be enough evidence. Law enforcement can’t ask for a warrant just because they have a gut feeling that someone is guilty of a crime. In situations where the circumstantial evidence is strong, there still has to be a compelling and tangible link between the party in question and the suspected criminal act. This is what will establish probable cause and allow authorities to request a warrant.
Issued by a Court Official
An arrest warrant has to be issued by a judge, or someone designated by the judge. In a situation where a person is being arrested, they must read over the order carefully in order to ensure that it has been authorized by a constitutionally recognized individual, then contact a criminal defense attorney as soon as possible.
Approval not a Formality
There is a big difference between a law enforcement request for a warrant and a court issued document. Court representatives work for the judicial system, not the police. They must evaluate the facts to determine if there is probable cause for a warrant. They will not automatically approve a request just because a police officer asks.
Proactive Approach
In situations where a person knows that there is a warrant for their arrest, it is better for them to turn themselves in instead of waiting for the police. Of course, they should speak with an attorney first. The courts look at this as a responsible act, which can improve the chances of being allowed to go back to the community if there is a bail hearing. An attorney will be able to contact the police and help make the arrangements to turn them in and make a plan of release.
If you or a family member has been arrested or has questions about warrants in Hays County, Texas, schedule a consult with San Marcos Bail Bonds. By understanding the role of probable cause in the issuance of arrest warrants, you will know if the case meets local, state and federal laws.
