Oftentimes, after an arrest, a defendant is briefly taken into custody, booked, and then released pending application of warrant. This means that a defendant has not been officially charged yet, and therefore no bond has to be posted for the individual to be released. The arresting officer, at a later date, will apply for a warrant on the suspect at the prosecuting attorney’s office. This situation happens frequently with drug cases, because even though an officer may strongly suspect the seized contraband is in fact illegal drugs, it must be tested and confirmed by the state drug laboratory. In this situation, an individual may not be officially charged with a crime until months later.
If you have been arrested and released pending application of warrant, it is always wise to speak to an attorney so that he or she can explain your situation to you and inform you of your rights. Too often an individual falsely believes that once he is arrested and released pending application of warrant that the case is over and that no charges will be brought later. Individuals are often surprised when they later find out that a warrant for their arrest has been issued and they have a pending criminal case against them. Hiring an attorney at an early stage can help prepare you for this surprise and better position you to receive a favorable bond so that you are not sitting in jail while trying to get a lower bond.
The St. Louis criminal defense attorneys of Henderson & Waterkotte, P.C. have represented countless individuals who have been arrested and released pending application of warrant. We can help you understand your rights and the process you may be facing. Our attorneys are available 24/7.