A quick scroll through the Louisiana Code of Criminal Procedure is enough to find the legal definition of an active warrant issued in the state. Article 202 of the code states that a warrant is a court issued order for arrest which can only be released by the magistrate of a local tribunal with criminal jurisdiction. Of course this does not mean that judges of civil tribunals have no authority to order the detention of an individual.
However, active warrants issued in criminal matters are very different from bench warrants which are used to bring in a person who is associated with a civil case or is a ‘no show’ at the court. Another difference in legal arrest directives comes when the matter in which they are issued is considered. Warrants released to capture a person accused of a trivial misdemeanor will not have the same weight as a directive which has been handed over to the police to bring in a hardened criminal accused of a felony.
Active warrants versus other legal provisions for arrest
The definitive differences between an active warrant from Louisiana and a detention decree that is released in a civil or misdemeanor case is that the former does not go out of effect regardless of how long it has stayed in the police database. Also, an active warrant is never issued suo moto. This means that the police have to necessarily file a formal complaint with the local court in order to procure this document.
Before the warrant is signed upon and put into effect, the judge has the legal responsibility to ensure that there is probable cause to hold the alleged offender responsible for a crime. A formal hearing is held to ascertain that the police have enough evidence in their hands to accuse the said individual. So, the office of the county clerk, the magistrate’s court as well as the sheriff’s department are directly involved in the entire procedure.
Where can you find information on Louisiana active warrants?
You can approach any of the state agencies mentioned above. However, since not all citizens enjoy statutory access to criminal records in the state of Louisiana, you may not always get the information you are looking for. A simpler approach would simply be to look online. Try the form given above to access a privately maintained repository of crime related information from Louisiana and the other 50 states.
If you represent an organization that renders services to the more vulnerable factions of the community like children, seniors and disabled people, you will be allowed to get a background check done through the Louisiana State Police. To mail in your inquiry to the LSP’s Bureau of Criminal Identification and Information, you will have to fill the appropriate form from the list available at http://www.lsp.org/technical.html. This will have to be sent to P.O. Box 66614, #A-6, Baton Rouge, LA 70896-6614.
As an individual looking for information on Louisiana active warrants for personal use, it would be best to get in touch with a private information vendor. Because databases like the one that can be accessed through this site usually contain information from all over the country, you can conduct a more broad brushed inquiry and get more extensive results when using an online agency.
Although there is provision for citizen’s arrest in the Louisiana Criminal Code, it would be prudent to not attempt to detain a criminal on your own. As a matter of fact, most experts and cops recommend that you let law enforcement agents handle the task. If you do find out that an individual in your circle has a warrant against him, get in touch with the local sheriff’s office at once.