Arrest Warrant Questions To Ask A Criminal Defense Attorney Marietta GA

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CRIMINAL DEFENSE
DUI, INCLUDING PENALTIES
TRAFFIC OFFENSES
DRUG CRIMES
Arrest Warrant Questions To Ask A Criminal
Defense Attorney Marietta GA
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Arrest Warrant Questions To Ask A Criminal
Defense Attorney Marietta GA
You may have several questions coming up in your
mind when you are served an arrest warrant.
However, the basic question can be what happens
if you are suspected to have committed a crime
but there were no police officers present at that
time. Can the facts available allow the police to
arrest you? To know this answer, you will first
need to know how the court needs to issue such a
warrant in the first place. Ideally, there are a
few specific ways in which a court can issue a
warrant for arrest. The most common of all is in
the form of a written or oral sworn declaration
of the district attorney or the law enforcement
officer.
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The facts to be stated
Ideally, the district attorney must believe that
you committed a crime to issue an arrest warrant.
In the declaration all facts must be stated that
will substantiate the belief. It is only when the
judge accepts this declaration along with the
supporting facts the warrant will be issued. The
criminal defense attorney in Marietta, GA will
also tell you that there is another way in which
the court might issue an arrest warrant. This is
when you are indicted for a crime by the grand
jury. When this indictment is received by the
judge from the grand jury, the arrest warrant
will be issued.
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Turning yourself in
You may now wonder whether or not you have to
turn yourself in when such a warrant is issued
against you. Well, the police will have to
execute the warrant because failing to do so may
even hold the officer vested with the
responsibility guilty for contempt of court. The
criminal defense lawyer in Marietta, GA may
suggest you to surrender on the warrant
voluntarily to turn yourself in but that will
largely depend on the type of the crime
committed. For less severe crimes the police
cannot simply knock and barge in through your
door and handcuff you to bring you to the
precinct.
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Fighting an arrest warrant
If you want to contest an arrest warrant there
are specific ways to do it. The most important
step is to get in touch with a criminal lawyer in
Marietta GA to find out your chances of
contesting and winning the case. You will be
better off if the warrant is defective or
illegal. You can also fight against it if you or
your lawyer can prove that the officers concerned
violated your rights in the process of arrest in
any ways. Just as officers and lawyers do, judges
who issue such warrants can also make mistakes!
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A valid warrant
An arrest warrant to be valid needs to follow and
fulfill several technical requirements such as,
it must have the sign of the judge, it must
describe the offense for which you are issued
such warrant, and it must contain your name or
even the name by which you can be reasonably
identified with certainly. In addition to that,
the warrant should command that you are arrested
without any delay and brought to the court for
trial. If it does not have any of these, it is an
invalid warrant.
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The time factor
Lastly, the time plays a significant role when it
comes to issuing and validation of an arrest
warrant. Any arrest warrant that is prosecuted
untimely can be dismissed through motions in the
court. In such situations you will have to prove
that the evidence is lost, the relevant persons
have died, and memories of witness have faded and
therefore the laxity and incompetence of the law
enforcement agencies has held you prejudiced as a
result.
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Contact Us
Contact us Andrew L. Schwartz, P.C.191 Roswell
StreetMarietta, GA 30060 Phone [phone]
Fax [phone] Email andrew_at_andrewschwartzla
w.com Website https//andrewschwartzlaw.com