# Arresting a convicted prisoner **URL:** \ **Category:** Factual Questions\ **Created:** [July 25, 2003, 5:11pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919 "2003-07-25T17:11:10Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![paperbackwriter](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@paperbackwriter](https://boards.straightdope.com/u/paperbackwriter)\ **Post date:** [July 25, 2003, 5:11pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919/1 "2003-07-25T17:11:10Z")
This question was brought to mind by a news story. 15 years ago, a man was convicted for murder and sent to state prison here in CT. Recently, he sent threatening letters to a judge in an attempt to get another prisoner in trouble. (He had signed them in the other prisoner’s name). He is now charged with a number of offenses. The news stories state that he was arrested at the Correctional Institution. This seems rather redundant to me. An arrest is usually the point at which a suspect is taken into the custody of the police. This person already is in state custody – he certainly isn’t going anywhere. Am I correct that the “arrest” in this case is, in fact, just going to “Joe’s” cell and informing him of the charges? Anyone here familiar with this situation? ---
**Author:** ![jmonster](https://avatars.discourse-cdn.com/v4/letter/j/dbc845/32.png) [@jmonster](https://boards.straightdope.com/u/jmonster)\ **Post date:** [July 25, 2003, 6:23pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919/2 "2003-07-25T18:23:08Z")
Sounds right to me. They probably just took the toilet paper out of his cell so he couldn’t bend the bars, roll the toilet paper out the window, slide down the roll and have an escape. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [July 25, 2003, 6:48pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919/3 "2003-07-25T18:48:33Z")
IANAL, but putting the suspect under “arrest” then sets into motion all those Constitutional protections against self-incrimination, et al. The guy still gets a trial on the new charge. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 25, 2003, 7:26pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919/4 "2003-07-25T19:26:05Z")
He is served with the arrest warrant, and scheduled for transport from prison to the jail for court appearance and arraignment. At arraignment, he is informed of the charges and given the opportunity to apply for a public defender. Then he’s taken back to the jail for transport back to prison. ---
**Author:** ![paperbackwriter](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@paperbackwriter](https://boards.straightdope.com/u/paperbackwriter)\ **Post date:** [July 25, 2003, 7:54pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919/5 "2003-07-25T19:54:00Z")
> [@](#): > > \*Originally posted by jmonster \* > \*\*Sounds right to me. They probably just took the toilet paper out of his cell so he couldn’t bend the bars, roll the toilet paper out the window, slide down the roll and have an escape. \*\* But only if the evidence against him included 27 8" by 10" colored glossy pictures with circles and arrows and a paragraph on the back explaining what each one was… ---
**Author:** ![paperbackwriter](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@paperbackwriter](https://boards.straightdope.com/u/paperbackwriter)\ **Post date:** [July 25, 2003, 7:59pm UTC](https://boards.straightdope.com/t/arresting-a-convicted-prisoner/190919/6 "2003-07-25T19:59:55Z")
> [@](#): > > \*Originally posted by Bricker \* > \*\*He is served with the arrest warrant, and scheduled for transport from prison to the jail for court appearance and arraignment. At arraignment, he is informed of the charges and given the opportunity to apply for a public defender. Then he’s taken back to the jail for transport back to prison. \*\* Thanks. So the practical effect is just to transport for arraignment and back. The legal effect is to formally start the prosecution. Got it.