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What Is a State Arrest?

Violations of federal or state laws hold a much more severe form of penalty and involves the arrest of an individual suspected of having committed such a violation. State arrests are done when a more serious type of criminal charge is brought up against the individual that involves violation of state or federal laws. This type of arrest is commonly used in the United States of America, but other forms may be found in other countries that espouse a federalist form of government.

A state arrest warrant is issued by a judge when an individual or entity, usually a law enforcement officer, provides sufficient and probable cause for the arrest. A state arrest warrant is dependent on whether or not a US Congress statute, state legislature, or government authority has been violated. The judge evaluates legal documents presenting facts and testimonies supporting the case against the individual to be arrested. If the judge ascertains that there is probable cause, he or she issues a state arrest warrant.

However, there are times when an arrest warrant may not be needed in order to apprehend an individual suspected of violating federal or state laws. The exception to the need to obtain a state arrest warrant is when a suspect may have sufficient time to escape or to destroy relevant evidence. Other conditions that are proven to be justifiable in court can also apply to making a state arrest without an arrest warrant. A person who has undergone a state arrest usually waits for his or her court trial in a federal or state court.

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