Allen N. Cowling

There are numerous ways to affect an arrest in a case. It can be done through a sworn affidavit. A police officer or the complaining witness could sign the affidavit. If an arrest results from an affidavit, in most states, a preliminary hearing will be conducted where baically the prosecutor presents evidence then asks the Court to set the case for trial.

Another method of arrest comes from the Grand Jury. This is a body of citizens that cases are presented to and then they decide whether or not there is enough evidence to warrant an arrest or they can “no-bill” the case, meaning that they determined there was not enough evidence to support an arrest warrant even being issued.

In some states, Grand Juries are done in secret and no one knows what the results are until an arrest warrant is issued. In some states, the accused can actually testify before the Grand Jury. Unfortunately, in most states, the old saying is true, “A prosecutor could indict a ham sandwich if that is their desire.” It is their show.

There are several differences between an arrest by affidavit and an arrest based on a Grand Jury indictment. If you are arrested by affidavit and are found not guilty or the charges against you are dismissed, you could have a civil action against the person who signed the affidavit against you for false arrest and/or malicious prosecution. When you are arrested by Grand Jury Indictment, regardless of the outcome, the Grand Jury has no liability. Regardless of how an arrest may come about, usually the end result is either a trial or a plea.