RCr 2.06 – Arrest Warrants in Kentucky Criminal Cases

Understanding RCr 2.06 – Arrest Warrants

An arrest warrant is a court order authorizing law enforcement to take a person into custody. Under Kentucky Rule of Criminal Procedure (RCr) 2.06, arrest warrants must be issued by a judge or magistrate based on a showing of probable cause that a crime has been committed and the named person committed it.

What RCr 2.06 Requires

An arrest warrant must be based on a sworn complaint or affidavit establishing probable cause. The warrant must identify the person to be arrested by name or description, describe the offense charged, command that the person be arrested and brought before the court, and be signed by a judge or magistrate.

How It Works in Practice

Law enforcement or the prosecutor presents an affidavit to a judge describing the facts that support probable cause. The judge reviews the affidavit and, if satisfied that probable cause exists, issues the warrant. Officers then execute the warrant by locating and arresting the named individual. The arrested person must be brought before a court without unnecessary delay for an initial appearance.

What Defendants Need to Know

If you learn there is a warrant for your arrest, you should contact an attorney immediately. Turning yourself in voluntarily can demonstrate cooperation and may result in more favorable bond conditions. An attorney can sometimes arrange a voluntary surrender that minimizes disruption. Outstanding warrants do not expire — they remain active until executed or quashed by the court.

Common Issues Attorneys Raise

Lack of Probable Cause: If the affidavit fails to establish probable cause, the warrant is invalid and the arrest is unlawful.
Stale Information: If the affidavit is based on old information, probable cause may no longer exist.
Defective Warrant: Warrants that fail to meet the requirements of RCr 2.06 may be challenged.
Fruit of the Poisonous Tree: Evidence obtained through an invalid warrant may be suppressed.

How Clark + Harris Can Help

Clark + Harris helps clients address arrest warrants in Lexington and Louisville. Call 859-474-0001.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

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