QUESTION
What do I do if I was not given a warrant of arrest but was put to jail?
Asked on Sep 01st, 2012 on Criminal Law - New York
More details to this question:
Eight days ago, I was arrested on a Motion to revoke charge. The officer told me I had a warrant for my arrest. I asked to see it but told me that he did not have it with him. I then asked what I had done and was told by the officer that I knew "damn good and well" what I had done, which to this day I still do not. I continued to request the warrant or any information. I was locked and was released having not been told a single additional detail.
9 ANSWERS
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Hire a lawyer to file some Motion to enlighten you.
Answered on Sep 12th, 2012 at 3:06 PM
Steven D. Dunnings
Hire an attorney.
Answered on Sep 12th, 2012 at 3:06 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What do I do? Defend any charges against you. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.
If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 12th, 2012 at 3:05 PM
File a complaint on the "smart ass" cop. They really don't need to show you the warrant . . . they have you.
If it's a bad warrant . . . SUE for false arrest!
Answered on Sep 12th, 2012 at 3:05 PM
Based on your facts, your rights are being violated. You have a right to know the charges brought against you, due process, a right to confront the witnesses against you, and a speedy trial. What you need is to file a Writ of Habeas Corpus. This writ will force your custodians (jail officers) to present you to a Judge and state the grounds for your arrest and the evidence they have against you. Do not talk further with anyone from the jail until you have spoken with an attorney.
Answered on Sep 07th, 2012 at 12:39 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You need to talk to a civil lawyer about a possible lawsuit against the police agency which arrested you with no cause.
Answered on Sep 07th, 2012 at 12:37 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Were you charged with a crime? If you got a ticket it says what the crime it is and when/where to appear to contest it or the amount to pay (which payment might be an admission of guilt). Did you fail to appear in court for anything and a judge issued the warrant? Call the DA and get the name and address of the person who should provide the warrant. If he/she doesn't do it, send a letter with all the details to that person, certified, return receipt requested and a copy, certified, return receipt requested, to the DA. Go to the police department. If they don't help you, do the same procedure.
Answered on Sep 07th, 2012 at 12:36 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Once arrested you must have gone before a judge to be released. That was the location to ask what the charges were. If you still really don't know, call the court and ask them.
Answered on Sep 07th, 2012 at 12:36 PM
Theodore W. Robinson
Hello. What you need to do is hire a good attorney and have them investigate your charges right away. Time is not on your side in such matters. If the arrest was made without a warrant, then it may be able to be overturned before the Court, but you'll have to have someone, preferably an attorney, obtain the paperwork on your case so you know what you're dealing with and can defend yourself. Good luck.
Answered on Sep 07th, 2012 at 12:33 PM