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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

How long do they have to issue a warrant after drug raid?

The question states "anonymous tip." Unless the informant is already a "proven" source, an investigation, possibly involving the infiltration of undercover personnel into the location, will have to be made. The police MUST be able to show "probable cause to believe" that an actual drug operation is being conducted there, and an "anonymous" tip made by a person of unknown reliability is NOT sufficient cause to request a warrant.

THEREFORE: The answer to the question is unknowable - it may take time for the investigation and evidence-gathering to take place.

If you have ten year old felony warrants from Massachusetts can you get a handgun in Florida?

It would all depend on what villany you commited and what you have done since than like if you committed armed robberyy they probly wouldn't but if you did a small crime and have turned your life around they might let you.But the only way to know would be to register and see what happpens.

How do you find out if some one is in jail in Jefferson county Alabama?

You're going to have to call the Jefferson County, Illinois Sheriff's Office for this one. Or probably the Illinois State Police.

Can the police or tow companies impound a vehicle from private property in California?

They may not unless strict requirements by law are met. Laws regarding authority to cause the towing and storage of a vehicle differ among the states. Generally speaking, and I'm paraphrasing, a person, agency, or company must have and be able to show authority and reason to tow a vehicle from anywhere in order to legally do so.

The authority of police or tow companies to tow and store a vehicle must come from a Judge, the vehicle owner, or property owner unless it is stolen, blocking the entrance or exit to public parking, or is located within 15 feet of a fire hydrant. Briefly, officers of the CHP, local police, and sheriff departments receive due authority from the state, city, or county agencies respectively to operate within the territorial boundaries owned or controlled by the respective government authorities; however, jurisdiction may overlap in accordance with intergovernmental agency contracts. This authority does extend to or include off highway property, such as property belonging to a business or private citizen. Private property is any property not owned or leased by the state, city or county government. Authority to tow from private property must come from the vehicle or private property owner in the form of a written request or from a judge signed warrant to seize stated vehicle. A state vehicle or civil code number does not represent authority.

Without the vehicle owner's permission, a towing company may not tow from private property without written authorization from the private property owner or lessee and with that person present at the time of the tow to verify the reason for the tow. See CVC-22658(l)(1)(A) Any tow company that tows a vehicle without such authorization or fails to present a photocopy of this authorization to the vehicle owner at the time of paying for towing and storage fees (CVC-22658(l)(1)(C)) is liable to the vehicle owner for 4 times the towing and storage fees charged. See CVC-22658(l)(4)&(5). The same is true if the tow company fails to obviously post their top fee rates or that they accept payments with a credit card (CVC-22658(k)(2)) where payments are received, or if they charge an excessive amount. See CVC-22658(j)(2)


Applicable vehicle codes must comply with other vehicles codes that are stated to apply to other vehicle codes, such as is stated in CVC-22658(p), to be legally enforced except when the enforced vehicle code states otherwise. For example, CVC-22651 or the codes it lists under 22651(p) do not stand alone and are legally enforceable only when in compliance with other codes such as CVC-22658.

Related codes include but are not limited to the following:

California Vehicle Code Sections:
14602.6
22650
22651
22653
22658 This code is in addition to and applies to all other vehicle codes.
22658(l) Very Important
22658(p) Very Important
22851.3
22953
22852.5

California Civil Code Sections
3070 & 3074

Use the search engine in www.findlaw.com for additional state codes.

What does it mean when an officer is holding a warrant for your arrest?

It means exactly what it says. A warrant for your arrest has been issued by a judge and it has been assigned to an officer to serve on you and take you into custody. If you have knowledge that the ploice ARE holding a warrant for you, it is probably a good idea if you voluntarily turned yourself in. It looks 'better' to the court, if you do.

If police enter your home with a search warrant why would they then ask for consent to search?

If their search is conducted completely in conformance to the wording of the warrant they can only search for and seize what the warrant allows AND anything else which lies IN PLAIN SIGHT. If they obtain your consent to conduct a search, they may search ANYWHERE and seize ANYTHING they find that is of an unlawful, or illegal nature.

How do I file a pro se answer to a lawsuit?

An answer (defense) would be whatever proof the defendant has that the lawsuit is not valid. The response to the summons is not the venue for explaining the defendant's personal situation, such as job loss, illness and so forth. Unfortunately the law does not consider such circumstances as being a valid defense for not paying a debt. In most states failure to respond means the defendant will lose the case by default and the plaintiff will in all likelihood be awarded a judgment for the amount of debt or damages plus legal costs and applicable penalties. You may file an answer by copying the case caption to your own paper, that is the part at the top that says wht court it is in, who the plaitniff and defendant are, and the C.A. number assigned by the court, if there is one on your complaint. Then, simply go down the numbered paragraphs in the complaint, and either admit what the sentence or paragraph says, deny what it says, or say you are without sufficient knowledge to admit or deny the paragraph. You must respond to each individually numbered paragraph in the complaint in one of those three ways. That's it. BUT, be careful because certain defenses must be raised in the answer or else they are waived and lost. The most important ones are statute of limitations, and failure of service of the complaint on you. There are other defenses as well that must be raised, but these are of the most important. You shoudl try to take the answer to the court house and ask for the clerk or prothonotary, and tell them you want to file the answer and they can help you. check with the bar association, there are always lawyers who will do these things for free.

Will having an arrest warrant out for your arrest for traffic tickets stop you from getting a passport?

What kind of warrant? Traffic offense? Felony crime? It may depend on what turns up when they do your background check.

A misdemeanor offense will probably not affect your application. HOWEVER - these things take on a life of their own and it would be best if you just faced it and took care of it. Murphy's Law is always in effect and just when you least expect it - it's gonna jump out and bite you.

Can your attorney take evidence to a District Court Judge that a Prosecuting Attorney in Arkansas refuses to review such as Perjury made by Police Officer on an Affidavit for an Arrest Warrant?

I think you may be confusing "having evidence" with the word "allegation." Whatever 'evidence' you think you may have, it will have to be investigated to determine if, in fact, an offense was committed. Neither the prosecutor NOR the judge are law enforcement officers and do not investigate allegations of wrongdoing. Your attorney would be far better off presenting the evidence of the officers alleged wrongdoing to his department superiors or to the State Attorney General's Office. Look at it this way - if it is eventually proven that the officer HAS committed perjury, and it was instrumental in your conviction, you will win a new trial.

What is the charges for assaulting a minor?

You could be charged with multiple offenses depending on many factors such as location, time, age, on top of the initial reason for being around the police. Firstly, just judging the question you COULD be charged with Disturbing the Peace, Curfew Violation, Battery on a Police Officer, Resisting Arrest By Violence, Simple Assault, etc, etc. The list could go on and on depending on multiple factors including location of arrest and how well the officer knows his job. The first step is a minor should not be under the influence. Secondly, a parent should be available. Third, if a minor is assaulting a police officer the minor should serve the maximum days in a juvenile detention center (all depending on local and state).

What is the statute of limitations on a misdemeanor charge of shoplifting in California?

my wife was charged with shoplifting about four years ago we never received a court date so we thoght the charges were droped due to lack of evidence.she was involved in a miner traffic altercation and was informed that she had a warrant for her arrest. she has never been in trouble with the law before and the shoplifting charge was really weak.now we have to go to court on 10-28-2008 and she's really worried. please help us if you can with some information on this matter. thank you verry much

Can you go to Canada even if there is a warrant for your arrest?

The person may do so, but if they are stopped for a traffic infraction or other matter by authorities the warrant will appear when the person's identification/driver's license is checked.

Generally anyone with an outstanding warrant for any reason will be taken into custody and the state where the warrant was issued will be notified. The person will be held until that state's authorities decides what, if any action will be taken.

What states extradite bench warrants from Missouri?

It depends on the warrant. Every police agency, and plus the warrants themselves have conditions. Normally it must be a pretty serious crime for a police agency to be willing to extradite out of state arrest warrants.

If I am on probation and got arrested in a different state will my probation officer find out about it?

In all probability, YES. A violation of probation, regardless of the nature of the offense itself, often results in an interstate warrant being issued, and you will be extradited to the state that wants you. Can the probation officer do this himself? Not likely: a warrant has to be issued by the court that sentenced you for the VOP. Then the cops in the area to which you fled will pick you up and extradite you to the wanting state.

Can you challenge the validity of a search warrant if the informant was not acting as an informant at the time but was engaged in criminal activity?

It is very hard to challenge the validity of a search warrant. When the cops come to your door with one, you need to let them do what they're supposed to do. Later you can challenge many aspects of the search warrant, such as them exceeding the scope of the warrant, their illegal petitioning for the warrant by stating facts that were untrue (perjury), or anything else of legal challenge value.

What is the most brutal murder in history?

Apart from War Crimes involving all manner of incendiaries and bombs- whole cities reduced to ashes- of a more personal type of homicide the Saint Petersburg ( actually happened in Ekaterinberg- city of Catherine, in the summer of l9l8 in the USSR probably takes the Cake- Known Dead- Nicholas, Alexandra,- Olga, Tatiana, Maria, the Crown Prince Alexis- and various palace retainers, ladies in waiting, etc. confirmation of the death of the youngest Grand Duchess was never had- you know who I am speaking of. It was , for real the Crime of the Twentieth Century- quite different and personally targeting the royal Family- not a routine bombing raid or prison-camp atrocity- those are bad too, but.

What happens in a regular criminal courtroom?

1. The charges are read.

2. Last minute motions may be filed by the litigants or the judge's own motion.

3. The prosecutor makes an opening statement.

4. The defense attorney makes an opening statement but may delay until the defense case begins.

5. The prosecutor presents and direct examines the 1st witness.

6. The defense attorney cross examines the witness.

7. The prosecutor may redirect examine the witness about issues brought up in cross.

8. The defense may then recross on issues brought up on redirect.

(This goes back and forth till both sides have no more questions.)

(Witnesses may be asked to introduce exhibits.)

9. The prosecutor presents the next witness and 5 through 8 repeats.

10. When all prosecution witnesses are finished the defense will usually motion for a directed verdict, saying there is insufficient evidence for conviction--usually denied.

11. The defense puts on its case, repeating steps 5 through 9 but with the roles reversed.

12. The prosecutor may make a brief initial closing argument.

13. The defense makes its closing argument.

14. The prosecutor makes a final closing argument (unlike TV and movies, the prosecution goes last as it has the burden of proof).

15. The judge instructs the jury.

16. The jury deliberates.

17. The jury renders it verdict.

18. The verdict is read.

19. If a conviction, the sentence is delivered, or it may be postponed pending a pre-sentencing report, else the defendant is released if not convicted.

(During the trial either side may make motions or objections. There are often sidebars where the attorneys approach the bench and speak to the judge so the jury doesn't overhear. The jury is often sent out so things can be addressed without their overhearing.)

Can you get a state id with an arrest warrant?

Unless they 'slip-up' when entering you into the state system to verify your ID, then you're out of luck. When they enter your name and DOB, you're going to show up. You should just surrender to the warrant and get it over with. It's going to catch up with you sooner or later anyway, probably when you least expect it and when you can least afford it.

What is a projected release date?

The date that the prison has been told they will release the inmate. It is variable though, and can change based on new crimes being charged while incarcerated or a releasing authority changing the date. A projected release date is the first or next possible date of release in an indeterminant sentence. For instance: if offender Bob's sentence began on 1/1/09 and he received the indeterminant sentence of 3-15 years, his projected release date would be 1/1/12. As mentioned previously, a releasing authority such as a parole board or panel has the authority to change this date, usually extending it. A state's governor or the President may also change this date by commutting a sentence or issuing a pardon.

An inmate is given two release dates, ERD - Earliest Release date and Max Date - Max date. They will get out between this time. Usually the erd as long as they do not have any disciplinary problems. If they get into trouble time gets add, until their max date... Unless they commit felony's inside then that changes the release date completely.

Can you post bond in one county for a warrant in another county?

No. You must surrender yourself to the state in which the warrant was issued.

What is usually the penalty for bench warrant for failure to?

The usual penalty is getting locked up - forthwith! The actual charge would probably be FTA (Failure To Appear).

Can police search your persons when a k9 gives probable cause to search your car?

Once a properly trained working K9 indicates something illegal on you or your property, that is considered probable cause.

What is an active warrant?

It basically means that authorities are looking for the person named on the warrant. Answer It means that the police are out looking for the person and will arrest upon contact.