If a warrant application is authorized, the officer in charge of the case takes the warrant authorization to a district court judge or magistrate having jurisdiction over the case where the crime was committed.

There is a probable cause hearing by a judicial magistrate to determine whether there is sufficient probable cause for the magistrate to sign and issue the warrant.

This hearing is non-adversarial and all that is required is for the officer in charge to inform the judge on personal observation and/or upon information and belief of the evidence that exists against the defendant.

If the court finds sufficient probable cause and issues the arrest warrant, the defendant can then be arrested upon the authority of the arrest warrant.

Often times the defendant is in custody pursuant to a warrantless arrest. In this case as soon as the magistrate issues the warrant the defendant can be arraigned.

If the defendant is already in custody and the warrant is issued by the magistrate, the police will then arrest the defendant and bring him/her before the magistrate for arraignment.

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