ARREST UNDER WARRANT: Part 5

AUTHORITY TO ARREST MUST BE MADE KNOWN

In executing a warrant of arrest, it shall always be made known to the accused under what authority the arrest is made.  The warrant shall be executed by the arrest of the defendant.  The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible.  If the officer does not have the warrant in his possession at the time of arrest he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.  

The arrest warrant, and any affidavit presented to the magistrate in support of the issuance of the warrant, is public information.

NOTIFICATION TO SCHOOLS REQUIRED

If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the head of the agency or a person designated by the head of the agency shall orally notify the superintendent in the school district in which the student is enrolled of that arrest or referral within 24 hours after the arrest.

All personnel shall keep the information received in this subsection confidential.  

The State Board for Educator Certification may revoke or suspend the certification of personnel who intentionally violate this subsection.  Both the oral and written notice shall contain sufficient details of the arrest or referral and the acts allegedly committed by the student. The information contained in the notice shall be considered by the superintendent or the superintendent’s designee in making such a determination.

On conviction, deferred prosecution, or deferred adjudication or an adjudication of delinquent conduct of an individual enrolled as a student in a public primary or secondary school, the office of the prosecuting attorney acting in the case shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of the conviction or adjudication and whether the student is required to register as a sex offender.  Oral notification must be given within 24 hours of the time of the order or before the next school day, whichever is earlier. 

A person who receives information under this article may not disclose the information except as specifically authorized by this article.  A person who intentionally violates this article commits an offense. 

As always, the best option is to contact Atlas Bail and go over available info and all the details. With our experience, knowledge and great customer service, we can have your loved ones back to you as soon as the law will allow us. From the moment you show up in our office we understand your need for guidance and help. The fact that a person is in jail is only the beginning of the process. Selecting AAA Atlas Bail is an important first step. With years of experience in our office, we most definitely will have the right answer for you.

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