The purpose of an arrest warrant is to provide a mechanism for compelling the defendant to appear before the court on an accusation charged in the complaint. A complaint is the charging document that, once accepted by the court, formally sets forth the charges against the defendant and establishes the basis for all further action to be taken by the court in the case. The complaint basically lays out the substance of the allegations against the person accused of committing a crime and also may contain factual allegations establishing reasonable cause. MCL 764.1d.
An arrest warrant is a court order to arrest a defendant and bring him or her before the court to answer to the charges alleged in the complaint. The defendant can then “be dealt with according to law.” MCL 764.1b. An arrest warrant is required to arrest a person for a misdemeanor committed outside the presence of an officer. However, this requirement has some exceptions. For instance, misdemeanors such as drunk driving and domestic violence specifically allow an officer to make an arrest without first obtaining an arrest warrant. MCL 764.15(1)(h)–(i), .15a. An officer may also arrest a defendant without a warrant for a misdemeanor punishable by imprisonment for more than 92 days if the officer has probable cause to believe the person committed it. MCL 764.15(1)(d).
An arrest warrant is a court order to arrest a defendant and bring him or her before the court to answer to the charges alleged in the complaint. The defendant can then “be dealt with according to law.” MCL 764.1b. An arrest warrant is required to arrest a person for a misdemeanor committed outside the presence of an officer. However, this requirement has some exceptions. For instance, misdemeanors such as drunk driving and domestic violence specifically allow an officer to make an arrest without first obtaining an arrest warrant. MCL 764.15(1)(h)–(i), .15a. An officer may also arrest a defendant without a warrant for a misdemeanor punishable by imprisonment for more than 92 days if the officer has probable cause to believe the person committed it. MCL 764.15(1)(d).
