Pursuant to the Criminal Code of Arkansas arrest warrants can be defined as judicial decrees that are issued by the magistrate, the deputy of a judicial officer clothed by the powers of a magistrate or the clerk of court to order the detention of an accused. Active warrants are generally issued when a criminal act has been commissioned and the perpetrator is still at large.
When and why do cops request the court to issue active warrants in Arkansas?
The police seek a warrant from the judiciary when the accused cannot be apprehended from the scene of the crime or while he is in the process of committing the act.Although warrantless arrests are deemed legal in case of felonies, the peace officers who apprehend the accused will need to have clear probable cause before a person is detained. If it can be argued in court that the police did not have the premise needed to arrest the accused to begin with or that undue force was used when effecting the detention, the case can be dismissed.
Also, because an active warrant from Arkansas allows the officers to use the help of other law enforcement personnel including those who are from another county or state, a judicial arrest order is a highly preferred option. In order to procure a decree for the detention of an accused, the police have to approach the local tribunal that has jurisdiction to rule in criminal matters.
The affidavit that is submitted with the office of the magistrate or the county clerk acts as the formal petition for the pre-warrant hearing. The facts and evidence stated in the writ are treated as the basis on which the magistrate is supposed to make a determination about the probable cause against the alleged offender. If the judge finds that there is enough evidence to hold the accused culpable of the criminal act defined in the document, a signed arrest warrant is released to the police.
What are Arkansas arrest records and do they include information on locally issued arrest warrants?
The state of Arkansas not only follows a close records policy, allowing dissemination of crime history data only to a select few but also when the information is offered it is highly limited. Details on outstanding warrants cannot be sought with an online inquiry. Although crime history information is handed over to licensing agencies and certain employers, they will need to have a release form from the subject for accessing this data.
In Arkansas, typically crime history information includes details on all convictions including felony and misdemeanor. Records that have been expunged, information on pending arrest warrants and cases that have been dismissed or matters in which the defendant was found not guilty will not be released to applicants. Sealed offenses and non criminal traffic records are also off limits. The only advantage of conducting an e-inquiry is that you can find out if the subject is required to register as a sex offender and if he has a warrant out in his name.
Information on all matters that are still undergoing trial is withheld even from entities that are statutorily authorized to see crime related information. While civilians cannot apply for crime history check, it is possible to find court dockets pertaining to civil matters as well as past arrest records. While the former is furnished by state judiciary, the latter comes from the office of the Department of Corrections.
Where can you find information on Arkansas outstanding warrants and arrest records?
Officially, the Arkansas State Police gathers and stores data on all criminal acts that have occurred in the state along with details on offenders who commissioned these crimes. The ASP allows mailed in inquiries as well as internet based searches.
Mailed in Inquires: You will need to fill the form on http://www.asp.state.ar.us/pdf/asp_122.pdf. This document will have to be notarized before you send it in. The ASP charges $20 for such inquiries and it usually takes them 7 to 10 working days to handle the request. The results of the search will be mailed back to the applicant on the address provided at the time of the inquiry. Send the duly filled application to Arkansas State Police Identification Bureau, 1 State Police Drive, Little Rock, AR 72209.
Online searches:An online Arkansas warrant search will undoubtedly bring back more information than a traditional manual inquiry. When you make an internet based request for information, you will also be offered details on all outstanding warrants in the name of your subject. However, only certain employers and licensing boards from Arkansas and elsewhere can avail this service.
The inquiry will cost slightly more at $22 and the applicant will need a signed release form from the subject but the results will be generated within a few minutes of placing the inquiry request.To create an account for the purpose of using the ASP website for crime history checks, go to http://www.asp.state.ar.us/demo/criminal/index.php
You can find details on bench warrants and other legal provisions issued against your subject in civil matters from the state judiciary. Their website is available at http://courts.state.ar.us/dockets/docket_search.cfm. The Arkansas Departments of Corrections also provides limited crime history information in keeping with the laws of the state. Only details on the arrests, offenses and incarceration of prisoners are offered and these can be sought through the website of the department at http://www.adc.arkansas.gov/inmate_info/index.html.
Arkansas Crime Statistics
When compared with some other states, Arkansas poses a worrisome picture in terms of crime despite an annual incident average of approximately 120,000 crimes. This can be attributed to the slow rise in the occurrence rates which have increased by over 20% in the ten years from 1999 onwards. The figures of property crime which went well over the 12,000 incident mark in more recent years were particularly concerning.
An average of 13% of the criminal reports filed every year are against violent acts, with annual figures of over 13,000 cases. Every day almost 60 criminal complaints are filed with the police and about 12 to 13 of these are about murders, rapes and other heinous acts.