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  • Print publication year: 2019
  • Online publication date: June 2019

5 - Arrest and Pretrial Detention

Summary

A criminal matter becomes formally “adversarial” when a person who has been arrested and/or charged appears in court for the first time, since from that point on he will generally be represented by an attorney who will appear in court on his behalf. Such a first appearance is often caused by an arraignment on an arrest, as noted in Chapter 4. An arrest can occur either without an arrest warrant if the person responsible is caught in flagrante or if there is no time to obtain a warrant, or on the basis of a warrant issued by a judge. In the case of minor offenses, such as traffic violations, the police generally do not make an arrest; the alleged offender will instead receive an order, known as a summons, directing his appearance in court. A person who is indicted may agree to appear in court without having been arrested, often on the basis of an arrangement to do so with the prosecutor.