Obtaining a Warrant
It is possible for a civilian to press charges and have an arrest
warrant brought up on another individual. Certain stipulations of each
Alabama city apply however. The individual in question must have
committed a valid criminal offense that requires an arrest. The
criminal offense must also have taken place in the city in which the
charges are pressed.
An individual wanting to press charges will have to approach the local
police departments and will need to attain a copy of the police's
report. After obtaining a copy of the report, the individual will need
to contact a local magistrate. He or she will then determine whether or
not there is probable cause for an arrest warrant. Prior to a decision,
the magistrate will request the individual pressing charges to swear
under oath that the criminal offense is true. This is done both oral
and in written format.
If the magistrate finds probable cause, an arrest warrant will be
issued and the charges cannot be dropped in the future according to
Alabama law. After the individual is arrested, the individual who
pressed charges will be summoned by the court for testimony. A
magistrate arrest warrant is not needed if the offender is arrested at
the scene of the crime. In cases in the state of Alabama where the
offender is under the age of eighteen and an arrest warrant is
requested, specific youth centers should first be contacted.
Bench Warrant
A bench warrant is only slightly different from an arrest warrant. An
arrest warrant is issued against an individual who has committed a
crime and not in custody. A bench warrant is issued against an
individual who fails to appear in court when summoned. This can either
be for criminal or civil proceedings. The judge presiding over the case
has the right to issue a bench warrant for an individual who is on bail
and did not appear in court. If the individual was on bail, a new
amount will be discussed with new conditions and another court
appearance.
Finding a Warrant
It is possible to have an arrest warrant without knowledge -- rare but
possible. This is normally the case of identity theft and fraud.
Because of numerous possibilities several Internet websites allow
individuals the ability to search for arrest warrants.
Alabama has countless search engines and databases where individuals
can use their county and city for specific searches. Some of these
websites offer free services, while others provide more in depth
information at a price. Normally these prices range from twenty-five
dollars to forty dollars for a single warrant. An individual may also
have a licensed criminal defenses attorney perform an arrest warrant
search. If there is a warrant, the attorney will also be able to assist
in handling the case.
If an individual discovers there is a warrant for his or her arrest, it
is often advised to obtain money for bail. If an arrest warrant is
issued, the likelihood of an arrest is one hundred percent. And the
individual will be headed to jail, regardless of previous knowledge of
the warrant.