0
Warrants
A warrant refers to a written order issued by the court or an official authorizing a person to execute an office or to perform an act. It is usually directed to officers of the peace and sheriffs.
2,846 Questions
If you dont turn your self in how long will your arrest warrant last?
You will probably be in jail until a judge decides to release you.
How long does it take for a pending warrant to be issued?
Not long at all, the minute the judge signs it, it's in effect.
How do you get rid of an arrest record in New Jersey?
Anything committed prior to your 18th birthday will be inaccessible to the general public anyway. However, you cannot "get rid of" an entire arrest record. You can make a request to the court that it consider a certain offense be EXPUNGED. If you have more than one offense you would like expunged, each individual one will require a separate court action.
To request the expungement of an offense from your STATE criminal record: You must have either been acquited or served the complete term of your sentence - then submit a petition to the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. Expungement only removes the record of your offense from being available to the public.
FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification. By denying funding, Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges.
Can the police collect evidence out of someones trash?
The police can search trash only if a person does not have a reasonable expectation that it is private.
The police can’t search the following types of trash unless they have a warrant or probable cause:
Trash inside a home
Trash outside of a home
Trash in a person’s pockets or bags
Trash in the back of a car
You have a right to protect your property within your home’s boundaries, even if you throw it away as trash. If the police desire to search your trash can, whether it is inside or outside your home, they must need probable cause or a warrant to do so. They can’t simply drive up to your home, open the trash bin you keep at the side of your property, and search it for evidence in an attempt to charge you with a crime or secure a conviction.
Does a bench warrant turn into an arrest warrant after a length of time?
A bench warrant is a warrant for the arrest/apprehension of the person named. It is referred to as a "bench warrant" because the judge presiding over the case in which the individual is involved is the one who issues the warrant.
Can police seize property without a warrant?
No they can't. If they try to use it in court it would be immiscible.
Can the police arrest a witness?
For serious crimes, an uncooperative witness can be held as a material witness to ensure their availability at trial. As the term infers, the witness' testimony must be critical to the case before a court will allow this to happen.
Some states have provisions in their laws to compel the cooperation of witnesses, usually called "obstruction of justice" or "withholding of evidence," but it usually takes more than just not talking to police to invoke this.
All that notwithstanding, a witness can be arrested for the same reasons anyone else can be arrested.
What are Exceptions for search warrants?
There are a couple of exceptions to search warrents but you could get those answers in more detail by logging on to any defense attorney website and looking for warrent information. Illegal Search and Seizure.
I have been doing my own study on that and it is kind of hard to explain but the facts are that if you did not give permission and there is not a life and death situation the police and not search your home with out you permission. If you are arrested they have the right to search you. if you are arrested in a home they have the right to search only the area in the home where they arrested you. For more info like I said look up Defense Attorney in what ever state your at and pick one there website usually have all the information on that.
Good Luck
When is a parent no longer legally responsible for a child?
When they reach the age of majority, which in most states is 18 years old. There are exceptions, some states it is 19, or requires high school graduation and 18. And if there is a court order for support until they reach a certain age, it can make a difference.
Do bench warrants ever go away?
Arrest (bench) warrants are valid until served or recalled by the court that issued them. Courts will occasionally recall warrants that are many (ten or more) years old, but it's more likely they will remain in file and on the automated databases. I once served an arrest warrant that was 13 years old on a woman I stopped for a traffic violation. The warrant was for failure to pay a fine for a leash law violation.
What rights must be read to criminal suspects?
Miranda rights. Right to remain silent. Anything said may be used in Court. Right to an attorney. During questioning the right to be silent may be invoked at any time as well as the right to contact a lawyer.
How do you find out if there is a warrant?
Simple, Walk into your local police department and ask! Or, if you wish to remain free, and don't want to take any chances, call the County Clerk's office of the jurisdiction, and ask them. They will tell you if there is a warrant, and who to contact to resolve the issues. You could also ask an attorney to check for you. Most will look into the case with out requiring a fee, and will tell you if they can help you.
Can you go to Hawaii if you have a bench warrant?
Yes, you can fly in without incident. A bench warrant will give you real legal problems if you get pulled over for a traffic stop or some such thing. And in that case, it's up to the officer whether or not you're taken to task on it.
The court can file a violation of probation and revoke your probation, then issue a warrant for your arrest. Most states will extradite you for a misdemeanor anywhere within that state, but maybe not in another state. Then again, they might extradite you from another state.
Will Ohio issue a warrant for failure to appear at child support hearing?
100% yes and they will put you in jail for it unless you have a very good reason they will also bring you back from anywhere
How long is an arrest warrant good for in wyoming?
Warrants don't expire because they are issued by the court and only the
court can cancel them.
Do you have to open the door to police officers?
NO NO, but if they do have probable cause, they'll kick the door in. Probable cause does not always involve a piece of paper.............like a warrant. If you lock the door, after they speak to you, you can be charged with obstructing and delaying, if they had probable cause.
What is the statute of limitations for misdemeanor violation of probation warrant in Florida?
Unfortunately there is NO statue of limitations on a Warrant. I think you have this mixed up with a Statute of Limitation on the actual Crime you were placed on probation for.
Do the police search you before they arrest you?
yes they do check you.
Typically, as part of the arrest process, there is a search. However, depending upon the circumstances, the search may take place before the arrest, or you may be under arrest and the search can take place after.
When is an arrest warrant served?
(Answer is applicable to the USA only): A warrantless arrest is never served. A warrantless arrest is performed. Following the warrantless arrest, the arresting individual (typically) or authority is required (usually) to provide the courts with a warrantless arrest affidavit wherein the person making the arrest articulates the probable cause for the arrest, which then is submitted to a judge for review. The arrested person will already be in jail or otherwise in custody (and possibly even bonded out), before the signed warrantless arrest affidavit becomes available to the arrested person.
What can you do to respect the law?
You can respect the law by following it. You can also respect the people who are enforcers of the law, such as the police. They work hard to keep us safe from people who could care less about the rules that society has put in place for every ones benefit.
What means Court of final appeal?
"court of final appeal" is a generic term that refers to the highest court whcih has jurisdiction of a particular matter. In criminal law and some civil law, this could be the US Supreme Court, or a State Supreme Court depending on the matter at hand. In most persoanl Civil cases this could be a state Superior Court, or a State Court. I am in Georgia, and for instance a small claims civil suit (under 14,000.00) may be filed in Magistrate Court, and is not appealable. Therefore it is the Court of Final Appeal in regard to a civil small claims case. The specific definition depends on the context of the term.
How long do you serve in jail for a 500 dollar bench warrant?
That is determined by the judge and the laws of the state in which the offense occurred. Contributing factors for sentencing might be, the age of the accused, the criminal charge, whether or not the individual has a prior criminal history.
Can your purse be searched without a search warrant in a traffic stop?
Usually, yes. There are lots of exceptions, but once he's got you stopped, you are there til he lets you go.
Answer:
Most states licenses (drivers) have a stipulation that states; "By signing and accepting this drivers license, you herby agree to show/surrender this license to a law enforcment official, consent to search your person, posessions, and vehicle during a routine traffic stop......etc...etc..." So By virtue of having a license, the license, in a way, becomes a warrant to search your vehicle. Further, The officer must still provide a reason or "probable cause" ti show there was a reasonable excuse to why he thought a search would yield evidence for any other specific charge that may result in an arrest or charges other than the stop.
Answer by lawbuff;
A DL issuance is not a reason to circumvent the 4th AM as stated above and does not constitute a waiver. There is no state in the Union that has a DL law stating such express waiver.
Read; Arizona v. Gant; US SC, for some insight, it cites other auto search decisional laws.
