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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
What is the average jail sentence for writing bad checks?
in Florida the law states any check written for over 50.00 is concidered a felony. there is no sentence if you pay the bad check within 30 days of being notified by the states attorney's office. beware they will issue a warrant for your arrest as soon as a complaint is made. depending on which day you are picked up, monday out on Tuesday but if arrested on Friday you will spend 3 days waiting to see the judge.
How does someone get a warrant?
You need a judge to issue one.
You need to provide a judge with the information you are basing they need for a warrant (probable cause) and if the judge is satisfied with the information, he/she will issue the warrant.
A criminal prosecution is usually initiated when the court issues an order known as?
A. Indictment
B. Arrest warrant
C. Information
D. Search warrant
ANSWER: B Arrest Warrant
judge
Yes. They need a warrant unless you give them permission to enter. It does not matter if you know the person or not, they either need a warrant or your permission to enter your house to search for anything including a person.
How do you find out if you have an arrest warrant in Alameda county California?
Ask any California law enforcement officer. You should know that if you do have a warrant, he will probably arrest you on the spot.
What is the best thing to do when you have a warrant?
Keep your hands in plain sight and follow their directions; under no circumstances argue with the arresting officer; he has no authority to do anything but to take you in to jail or somewhere; the moment, in most states he tells you that he has a warrant for your arrest, you are in custody. (The rules have changed the instant you are arrested. Let your lawyer figure out when you were arrested; just keep your mouth shut.) (Frankly,the cop probabally does not even know what you are charged with, and even if he does, he doesn't have the slightest authority to deal with the charges. So dont spend your time or give him information which might not do you any good when repeated in a court room before a judge and/or jury, especially, when repeated to an assistant District Attorney with the hots for political advancement, and who clearly knows much more about the operation of the judicial system, the executive/judicial interaction and the court calendar than you know; the Assistant D. A., has no interest in your particular slant on the events, at the time of your arrest by an officer armed with an arrest warrent. Unless you convict youself with your unprotected mouthoff to a cop simply doing his job. So, do your self a favor: keep your mouth shut.) Next point: remember everthing that happens. Your memory might be the difference between probation, fines, slaps on the hand, nol prosequi, dismissal and walking...or a sentence you can live with because the alternatives are really so gross, bad, unpleasent and totally life wrecking that it would have been best not to have been arrested in the first place. Remember: even a fish can't get caught if it keeps its mouth shut.
Consult w/a criminal attorney ASAP. .
Added: A police investigation can take... as long as it takes. They may be deveolping leads or looking into other matters associated with this case. I'm surprised your attorney can't (or won't) tell you this.
What does smoking tobacco feel like?
after you smoke you get excited and happy and you crave more its nice but then you get addicted.its a lie when people tell you you will cough and burn your throat when smoking don't swallow the smoke exhale it after taking it in.
Do the officer need to show the warrant?
No, if law enforcement officers reasonably believe that a valid warrant has been issued, the officers may begin the search. The warrant does not have to be with them, and the warrant does not have to be given to the owner.
Does statute of limitations still apply after a person has been arrested but not tried?
The usual procedure is for the prosecuting attorney's office to file charges against the alledged perpetrator(s) of the crime and then a warrant to be issued for his or her arrest. That being the case, charges can be filed but the person charged will not be immediately taken into custody. The named person however, will eventually be arrested, booked and arraigned. There are no SOL's when a warrant has been issued and SOL's only apply to the length of time when the crime is committed to the time charges can be filed. Depending upon the state or federal laws pertaining to the crime committed an SOL may not be applicable.
What do you call a army warrant officer?
A Warrent Officer is usually a skilled technician, and are often slotted as Maintence Officers. It is an intermediate in rank between a noncommissioned officer and a commissioned officer, having authority by virtue of a warrant. He is saluted by enlisted persons and can use the Officers Club.
How can you get warrants dropped?
Yes. A warrant is an order for arrest based on the specific charge or charges listed. When a person is arrested the warrant has been served and is then considered void (assuming the person arrested does not flee custody). This does not mean that a warrant will not be issued again for future charges similar to those previously accused.
How do you find out what's on your police record?
There are several ways this can be done.
- You pay for it. Going to a website that allows you to buy a backround check.
- You find the record by going into the police and searching for it.
- In some states, go to your local law enforcement agency. All you have to key in is their last name, first name, and county or date of birth and all records from traffic tickets to felonies are easily found whether the case is open/closed/guilty/not guilty. It shows all the information for every charge. The date, trial dates, fine amount, remaining balance on fines, arresting officer. All is free and can be obtained within a matter of seconds.
- Do your own back ground check. Enter a person's name into a site such as Pipl.com and search the records returned. Often if there are criminal charges for a person with the same name, a report will be returned.
- Search the Offender Locator of your state's Department of Corrections. If they received a felony conviction, they are likely listed, even if they did not actual time in prison.
Nope. I just bought a vehicle from out of state and it required inspection by the Sheriff Dept. They take your license at the beginning of inspection and go to the computer. If I had a warrant, they would have arrested me then. I'm safe; how about you? _____________________________ If you are concerned about this, call a local bail bondsman. He will be able to check the Court records to see if you have any outstanding warrants, and will work with you to get them resolved.
In the US, the Fourth Amendment says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated [...] In practice, it's difficult to stop a man with a gun who breaks down your door from doing anything he wants. However, your lawyer can later argue in court that the police did not have probable cause and so anything they found in your house is inadmissible as evidence. In fact, even if they're not trying to introduce evidence found in your house at the time, but something they found because something they saw in your house lead them to it, it's still inadmissible (as "fruit of the poison tree").
Many (though not all) other countries have similar provisions, but you'll have to look up for yourself what they are.
What are the requirements for a valid warrant?
A valid search warrant requires probable cause, meaning that the officer applying for the warrant must reasonably believe, based on available information, that evidence of a crime will be located in the area to be searched at the time the search takes place. A warrant must therefore contain an affidavit (or sworn statement) of the officer's reasons for believing the evidence will be there. The judge will then evaluate whether there is sufficient probable cause to issue the search warrant. An otherwise valid search warrant may still be held invalid if the defendant can show that probable cause was established based on a false statement that the officer knowingly included in his affidavit.
In order to be valid, the warrant must be "precise on its face," meaning that the warrant itself must describe, with a fairly high degree of detail, exactly which areas police may search and exactly what sort of evidence they may seize from those areas. Even if the affidavit upon which the warrant is based states these facts with reasonable particularity, the warrant itself must state them or it may be found invalid. The precision requirement allows a bit of latitude in certain areas; for instance, in the case of complex criminal conspiracies, the warrant may stipulate seizure of the broad category of "instrumentalities of the crime."
How can police search with a search warrant?
They can search for what is stated in the search warrant. In some states if they find something else, say illegal drugs sitting out in the open and easily seen, they can confiscate them and arrest the person (s) involved.
But the search must be "reasonable" relative to what they're looking for. Drugs, they can look any place you could put them. But, for example, if they have a warrant to look for a stolen baby grand piano. they can't look in any place too small to fit a piano, so if they searched a desk drawer, any drugs found would be illegally searched and inadmissible because it's unreasonable to expect a piano to be in a drawer.
But if they found the drugs in the piano, that is a legal search!
Anything that is reasonable to find with respect to the object being searched is admissible, so if they have a warrant to search for betting slips because they got tips that make them think you're a bookie, then if they find any drugs (because they are roughly the same size and can fit in the same areas) then the drugs would also be admissible.
Moral of the story: If what the officers are searching for could be concealed in small spaces, expect to have ALL your small spaces searched and, regardless of what the warrant says they are looking for, if they find something else illegal you will be charged with it.
Can a arrest warrant be used as a search warrant?
When a person is arrested, the arresting police officer may conduct a legal search of the area immediately under the control or reach of that person for evidence in connection with the purposes of the warrant, to protect the police or other citizens from injury or attack, or to prevent the person from escaping.
They can check the common areas where the arestee has access too. Example say it is your brother living with you, they can check the living room, the dining room, his room etc. but they can't check your room.
Does a county honor another county warrant?
All 50 states honor the extradition warrants of each other. However, it is up to the issuing state, which has only a certain amount of time to arrange for transportation of the prisoner. If that time expires than the person could be set free after the disposition of any cases that the apprehending state has against them.
Can a judge for one county issue a search warrant for another county?
Yes a judge from one county can issue a search warrant for you in another county. Another view: Use caution with the first answer. If the two counties are within the same Judicial District - THEN a judge from one county can issue a warrant to be served in the other county. HOWEVER - if the counties and the judges are not part of the same judicial district they cannot issue valid warrants, cross-jurisdictionally, in the other county.
How long do felony warrants stay active?
If you commit a felony as an adult (age 18 or older), it will stay on your record forever and cannot be expunged. If you commit a felony as a juvenile (age 18 or younger), it will not appear on your adult record. However, juvenile records are not sealed and are still accesible by the law. ADDED: They are not sealed to law enforcement HOWEVER, they ARE sealed to the general public.
Whats the main differences between arrest with and without a warrant?
Without a warrant you must find reasonable grounds to arrest someone, whereas with a warrant your reason to arrest the suspect already exists.
Without a warrant a Police Officer can arrest anyone without permission of a Magistrate as long as they follow the correct procedures so their arrest is lawful, which is unlike an arrest with a warrant where you must be granted the warrant to be able to arrest that person.
Without a warrant, a Police Officer can mess the arrest up and make it an unlawful arrest but with a warrant it is very unlikely that they make it an unlawful arrest.
What does alias writ of arrest mean?
A writ is the name for any order from a court directing someone to do something. A writ of arrest is a warrant, meaning that the person named in the writ is suspected of committing a crime and there is reasonable cause to detain him or her on that suspicion.
An alias warrant means it is the second or subsequent warrant issued in the same case and no plea has been entered in the proceeding. Alias warrants are used in other circumstances, but are common in cases where the warrant is issued due to the named defendant failing to appear in court on the original charge.
Do they check for warrants when you go to get a new id in California?
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