Arrested, not convicted
The first step of anyone faced with an arrest should always be to consult with counsel immediately.
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The first step of anyone faced with an arrest should always be to consult with counsel immediately.
A warrant of arrest is not a declaration of guilt. It is a court order placing an accused in custody so that the criminal case against him may proceed. But what happens when a warrant is issued on a Friday? May the accused surrender over the weekend?
The first step of anyone faced with an arrest should always be to consult with counsel immediately. The lawyer should be able to secure copies of the warrant and information, determine the offense charged, establish whether bail is allowed for the charge, and coordinate the surrender with the proper authorities.
An accused may voluntarily submit to custody. Under the Rules of Court, an arrest may be accomplished not only through the involuntary physical restraint of the accused, but also through his submission to the custody of the arresting authority.
If the offense is bailable, counsel may apply for bail. Bail, like the arrest itself, is not an admission of guilt. It is to ensure the accused’s appearance in court while the case against him is pending. Once bail is approved and its conditions satisfied, the accused may be freed temporarily pursuant to the release order issued by the court.
Can all this happen on a Saturday or Sunday?
Yes, but there is an important distinction between what the rules permit and what ordinarily happens in practice.
The judiciary has practical mechanisms for handling urgent matters outside regular court hours.
Supreme Court rules provide for skeletal court personnel on Saturdays to act on petitions for bail and other urgent matters. Judges may likewise act on bailable offenses on Saturday afternoons, Sundays, and non-working holidays in appropriate cases.
Thus, a weekend bail proceeding is contemplated. But that does not make it a routine, walk-in process. It requires the availability of the proper court or judge, and the necessary personnel to process the required documentation.
In this sense, being able to surrender on a weekend, have a judge available to hear the application for bail and obtain a release order can be described as a significant accommodation within the judicial system, even though it is not, strictly speaking, a special privilege created for the accused. Nor is there any assurance that the application for bail would be acted upon so quickly.
What about arraignment?
Arraignment is a separate proceeding. The accused must personally appear in court, receive a copy of the information, have the charge read to him and explained, and thereafter enter a plea of guilty or not guilty.
A weekend surrender by the accused does not automatically mean a weekend arraignment as well. The court is free to determine when the arraignment will be conducted.
This distinction matters because surrendering to the court is not surrendering one’s rights. The accused remains presumed innocent, retains his right to counsel, and may challenge the legality of the arrest or warrant.
Ultimately, when faced with a warrant, the better course is not to evade it which may cast the accused into a fugitive, but to submit peacefully to the jurisdiction of the court and use the remedies the law provides.
The court is not merely where an accused is brought to face a charge. It is also where the accused can invoke the rights guaranteed to him by law.
Remember that to submit to the jurisdiction of the court is not to surrender one’s rights. It is to insist that the case be resolved where it belongs — in court.
