Affidavit For Arrest Warrant: Fill & Download for Free

Criminal defense attorney here.I looked through a few of the answers, almost all of which say the same thing, and decided that we might be best served with a quick presentation.*Cue classical musicTitle Slide “A Discussion on Warrants and Arrest, Generally”Slide one: General. Warrants are not all equal. Multiple types exist for use by law enforcement and all have specific requirements that must be met before they are issued. For example, a warrant for arrest, bench warrant and search warrant all have different requirements but all must all be issued by a judge or in certain circumstances, a grand jury.Slide two: Arrest Warrants. Arrest warrants are applied for by law enforcement and granted upon a showing of probable cause. There is no entitlement that mandates that an officer must show the subject a warrant before arrest and it is possible for law enforcement officers to arrest you without one, usually by filing an affidavit for a warrantless arrest after the fact.Slide three: Confrontation. When a police officer announces his or her intention to place you under arrest, please comply. You have no recourse in the immediate moment. If you suspect that an officer is not following the proper procedure or is acting illegally, please make a note of this, as that is the extent of what you can do, legally. Failing to submit to an arrest is, in itself, a crime and will not help you in what will come next.*Cue audience question:“But, on this one television show, they show the person the warrant before they do…”*Cue me peeking over my glasses: Television and reality rarely intersect. Thank you.Slide four: Court. This is the proper venue where grievances are aired and legal decisions made. Any improper activity by the officer in the previous scenario is best brought to the attention of a judge here through legal motions. The employment of appropriate personnel should be seriously considered.Thank you all for your time. Light refreshments are available in the adjoining room, but I’m afraid I’ve been told that we are running low on creamer, so if you could limit yourselves appropriately, we can all get through the rest of the day.

I once made a “citizen’s arrest” of a woman who was attacking another woman with what appeared to be a gigantic butcher knife. I was escorting the victim out of the courthouse when the defendant rushed at her. She chased the victim out the front door of the courthouse and down the steps.I caught the attacker at the foot of the steps and grabbed her by the collar, pulling her back and giving the victim time to escape. I got in front of the woman to keep her from pursuing, and that’s when I noticed the “butcher knife.” I told her to give me the knife, but she refused. The courthouse was usually crawling with uniformed law enforcement officers, but there were none there at that time.I argued with her about putting down the knife for a while, and then she said, “Well, aren’t you going to arrest me?” Not having the arrest powers of a police officer, I was loath to make a citizen’s arrest, but since she seemed to be consenting to the arrest, I said, “Okay, come with me.” We went into the courthouse and I led her to the Chief Deputy’s office. While we were walking to the office, she stopped at a closet, opened it, threw the “butcher knife” in, and slammed the door.When we got to the Chief Deputy’s office I told the lady to have a seat and explained the situation to the Chief Deputy. I told him that I was going to run upstairs and swear out an affidavit for arrest warrant, and asked him to watch her while I was gone. He agreed.I went upstairs, drafted an affidavit for arrest warrant and an arrest warrant, and went before the judge, who was holding arraignments that morning, and swore to the affidavit. The judge signed the warrant, and I took it downstairs to the Chief Deputy. He arrested the woman and had her transported to jail.I then went to the closet to retrieve the “butcher knife.” It wasn’t a knife! It was a huge red-handled file. I then understood a remark that the defendant made when I stopped her. She said she was going to “put some knots on [the victim’s] head.” She intended to use the file as a club.The intake officer at the State Attorney’s Office downgraded my Aggravated Assault complaint to Improper Exhibition of a Dangerous Weapon, and the woman spent a few months in jail. I didn’t feel at all insulted that the intake officer downgraded my complaint to a misdemeanor. After all, I was the intake officer.Another time I saw a defendant whipping up on a lady officer who was trying to arrest her. It was in a restaurant full of people, and nobody was lifting a finger to help the officer. I was in my 60’s at the time, and not much good for anything, but I walked over and pulled the arrestee off of the officer, put the arrestee down on a bench, and sat on her until backup could arrive to assist the arresting officer.Then there was the time that a fistfight broke out in open court, and the bailiff, who was a septuagenarian, ran the other way. That left me to walk over and get between the belligerents and hold them apart until some younger bailiffs could arrive and take charge of the situation.So, yes, if I witness a crime, I’m coming forward.

They can’t, and they didn’t. What DID happen: apparently, is that the “Liberty University Police” have peace officer authorization, and one of their “officers” went before a local magistrate and swore out a sufficient affidavit for issuance of a warrant for misdemeanor trespassing. Now, Liberty “University” is by far the largest employer in greater Lynchburg; I leave it to your imagination how long the local magistrate would remain the local magistrate if he goes against Fallwell’s wishes.