How Does the Connecticut Arrest Warrant Process Work?
There are 2 ways of getting arrested in Connecticut.
The first is a warrantless arrest that takes place at or near a crime scene when Connecticut police believe they have probable cause to make an arrest.
The second is the arrest warrant application process. The best Connecticut criminal law firms see this process used when police need to take time to investigate a serious case, take statements, collect and examine evidence, and determine whether probable cause exists to arrest you in Connecticut for crimes like DWI / DUI (when blood is taken rather than a breath test), Evading Responsibility, Violation of a Criminal Protective Order, Identity Theft, and Sexual Assault.
These Connecticut crimes sometimes require a careful examination of forensic evidence such as DNA, blood-work or cell phone records. These investigations are used to establish “probable cause” or reasonable grounds to believe that a crime was committed and that you committed it.
Who Has to Approve the Connecticut Arrest Warrant?
Once police believe they have probable cause to arrest you, they submit a written arrest warrant application to the local prosecutor (also called a State’s Attorney in Connecticut) who then either signs or rejects the application.
If a prosecutor signs the Connecticut arrest warrant application, it then goes to a Connecticut Superior Court judge for approval. If signed by the judge, then the application is sent back to the police department for “execution of the warrant,” meaning the police must now arrest the suspect.
How Do Connecticut Police Typically Execute an Arrest Warrant?
Once a Connecticut judge signs off on an arrest warrant application, the police must now execute the arrest warrant and bring the suspect into custody. If you live in the town in which the crime was committed, the police may extend a courtesy to you by calling you or sending you a letter to inform you that the warrant is “active.”
If the crime is particularly serious, of if you have been uncooperative with Connecticut police, then they may take a more aggressive and offensive approach and come to your house or job and arrest you, which can sometimes cause you additional embarrassment or humiliation.
What is Extradition?
If you live out of state or in another Connecticut town, then the police will either send you a letter informing you a warrant has been signed and list the charges, or they will have federal marshals or out-of-state police arrest you and extradite you.
Extradition means the removal of a person from one state to another for criminal prosecution or punishment. For example, if you have a warrant out for your arrest in Connecticut, but you’re living in New York, Connecticut law enforcement can ask New York to bring you back to Connecticut for prosecution.
Should I Fight Extradition to Connecticut?
Usually, no, but you should contact a top Connecticut extradition criminal lawyer attorney before making this decision.
Understand this—Connecticut police would much rather have you come in voluntarily and surrender rather than have to spend the time and resources to extradite you and go pick you up from another state. It’s a ton of paperwork, legwork, and it is very expensive for Connecticut law enforcement to execute. But with serious cases, extradition is sometimes necessary and could leave you locked up in another state for up to 30 days without being able to post any kind of bond.
Being extradited to Connecticut is a legally complex process that should be vetted with the best Connecticut extradition criminal lawyers, especially if the underlying Connecticut criminal arrest is for a felony.
Call a Connecticut Arrest Warrant Criminal Lawyer Today
If you have received a letter in the mail from a Connecticut police department informing you that there’s a warrant out for your arrest, be sure to contact any of the Connecticut criminal lawyers at Mark Sherman Law today. Read what our past clients have to say about working with us, and then contact us so we can make the Connecticut arrest process as smooth and seamless as possible for you and your family. We will work with you to get the best disposition of your case as cost-effectively and quickly as possible. We are available 24/7 to take your call at (203) 358-4700.
