Arrest Warrant Guide

Kansas Arrest Warrants

In some states arrest warrants may expire, though in Kansas they do not. However this regulation does eliminate those who have died and those who have been detained by the police.

It is possible to have a warrant of arrest without knowledge -- often in cases of identity theft. Arrest warrants can result in fine payment and imprisonment, depending on the offense and any prior offenses.

Arrest warrants can be searched for through Internet websites and criminal defense attorneys. A criminal defense attorney had the ability to search all criminal records and can offer assistance if a criminal file does surface, including a warrant of arrest.

Internet websites can provide search engines and databases for each state. Kansas has specific sections in these websites and are separated into counties and cities. Search warrants, similar to arrest warrants, allow police officers to enter a specific residence with the purpose of discovering specific kinds of evidence towards a specific case.

Making an Arrest
An individual can be arrested without a warrant but probable cause is required. A warrant allows police officers to legally enter a residence if the individual is believed to be within. Making an arrest without an arrest warrant always requires that the situation be claimed "exigent," with an arrest warrant normally required.

The state of Kansas has criminal statutes in regards to arrest warrants. If police officers have suspicions of criminal activities, they must first provide probable cause before a judge. Afterward an arrest warrant may be issued. A sworn testimony may also be required.

Necessities
The United States' Fourth Amendment to the Constitution requires probable cause for a judge to issue an arrest warrant. Kansas defines probable cause as the reasonable belief that a crime was committed. Though a police officer may believe a crime took place, if he or she cannot give probable cause to a judge, a warrant may not be issued.

According to statutes, officers can make an arrest if they believe that a crime was committed and a current warrant of arrest is present. This can be done without the new issuance of a judge.

Bench Warrant
A bench warrant is a type of arrest warrant that is issued after an individual has already been arrested. If an individual does not appear at his or her appoint court date after the individual was released on bail the court will often assume he or she jumped bail. The presiding judge may then issue a warrant of arrest. Bench warrants can result in additional bail and other criminal charges when the individual is brought before the court.

Procedure
Statutes in Kansas state that citizens do not have the right to file criminal charges or issue warrants of arrest. Rather the judicial branch and the executive branch of the state may issue warrants through judges and prosecutors. Citizens however do have the right to stand as witnesses to crimes and make crimes knowledgeable to the police department.

After contacting the police, a citizen may then make a statement. A citizen may then contact the office of the prosecutor and attend the assigned hearing.