Arrest Warrant v. Notice to Appear in Criminal Courts

Once a crime is deemed to have occurred, a police officers, usually the investigating officer, who wants to obtain an arrest warrant will contact a prosecutor  to determine whether an arrest warrant can or should be used.  Factors that may be considered is whether the criminal case is a misdemeanor or a felony and the seriousness of the charges along with the suspsect’s criminal history.  A prosecutor may also decide that they should write a letter to the suspect to be charged stating that a criminal complaint has been filed.  The letter will almost always state the date, time, courthouse and department in which the case is to be heard.

Errol Cook, Esq.

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