A defendant arrested with a warrant must be taken before a judge as directed in the warrant. Rule 4.02Arrest Without a Warrant.The officer need not have the warrant in possession when the arrest occurs, but must inform the defendant of the warrant's existence and of the charge. 3.04 Defective Warrant, Summons or Complaint. The plaintiff's claim in a warrantless false arrest lawsuit arose from a sheriff s deputy s visit to her house to check on the welfare of her daughter. The fact of a statement being made in the affidavit for warrant which proves to be untrue does not usually affect the warrant unless it was a material fact. An arrested person who is not released must be brought before the nearest available judge of the county where the alleged offense occurred. The simple answer is you proactively deal with it. A criminal "Complaint" and a Grand Jury "Indictment" are the two main types of charging documents in Minnesota. Complaint and Arrest Warrant -- Law enforcement obtains a Warrant for Arrest of the alleged offender.