Arrest Warrant Guide

Kentucky Arrest Warrants

Legal warrants are classified into search warrants and arrest warrants. Both are legal documents issued through a judge. A search warrant gives law enforcement officials the ability to legally search for and take into custody a specific article or possession. If another article is discovered while searching it cannot be taken legally.

If an article is in plain sight is can, however, be legally taken without a warrant. An arrest warrant allows law enforcement to legally search for and take into custody a specific individual who has committed a crime. When searching for an individual the police officers are required to announce their presence with knocking and voice, though if a situation is deemed dangerous to the officers they have the legal right to break into the residence's entrances. These include doors and windows, but only if necessary.

Before an arrest warrant is issued the police must have specific evidence linking that individual to the crime. Significant evidence must also show probable cause that the individual committed the offense. A warrant for arrest will state the individual's name and allow for his or her arrest and take into custody. If another individual is present at the arrest, he or she cannot be arrested, unless in the act of committing an offense.

Arrest warrants are not always necessary in arrests. If law enforcement has probable cause that an individual committed an offense, an arrest can happen without a warrant of arrest. This is only possible when in a public vicinity or on public property. If an individual is in his or her own home or on private property, he or she cannot be arrested in Kentucky, unless an arrest warrant is present. The police may also arrest an individual without a warrant in Kentucky if that individual is dangerous to others and may destroy evidence to a crime. This is also possible when contraband is in plain sight.

Bench Warrant
A bench warrant is a type of arrest warrant that is issued for one specific purpose. If an individual is to appear in court - after being let out on bail - and he or she does not appear at the designated time, he or she can be brought into custody under a warrant. The presiding judge has the opportunity to issue a bench warrant and the individual will be brought directly to the court. When an individual does not appear at his or her assigned court date the court will often assume that he or she has jumped bail. Individuals brought to the court on bench warrants can also have increased charges.

Searching Warrant
The state of Kentucky, along with other states, has specific websites designated for searching for arrest warrants. These specific databases have search engines categorized into cities and counties within the state. Some websites offer services without fees, while others require twenty to forty dollars for specific searches. Criminal defense attorneys also have the authority to search for arrest warrants, though fees can be high. Searching for arrest warrants can be important because surrendering to the court can sometimes lead to lesser charges.