QUESTION

Can an arrest be issued by the DA before I was notified of charges against me?

Asked on Apr 12th, 2011 on Criminal Law - California
More details to this question:
i was never told or aware a charge or case was being filed against me and without anything i was told i have a warrant for my arrest. can they do that?
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5 ANSWERS
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Answered on Apr 26th, 2011 at 9:55 AM
If you are arrested by the police they file the paper work with the DA and the DA may or may not file charges with the court. The court then sends you notification of the court date. If you did not receive this notification and you find out that you have a warrant for non appearance you need to go into court and check with the clerks office to find out which court you need to go to. If the judge accepts your reason he will recall the warrant and proceed with the arraignment. It is at the arraignment that you will hear the charges filed against. Everything the government did in this case they are allowed to do.

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Answered on Apr 14th, 2011 at 11:30 AM
Yes. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me.

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Answered on Apr 14th, 2011 at 9:12 AM
Yes, they can. With every arrest warrant is a bail amount. If you are arrested on the warrant, you will remain in custody until you post bail or until you're brought in front of the judge. If you know there's a warrant out for you, contact an attorney to discuss representation. That attorney can help to arrange a surrender, have a bail agent standing by so you don't have to be taken into custody or even potentially be released without having to post bail at all. It is always better to deal with a warrant head-on, rather than wait to be arrested on it. To see if there is a warrant for you in Orange County, you can look on the Sheriff's Department website at ocsd.org under the eservices tab.

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Answered on Apr 13th, 2011 at 11:21 AM
Yes they can do this and it happens all the time. Get an attorney as soon as possible.

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Answered on Apr 13th, 2011 at 10:40 AM
Yes. Penal Code Section 813 allows for the issuance of an arrest warrant by way of the filing of a felony complaint. A felony complaint for arrest warrant is normally accompanied by a declaration or sworn statement by an officer setting forth the facts constituting the offense and facts that led the officer to believe defendant committed it. Given that this has happened to you, it is imperative that you immediately contact an experienced criminal defense lawyer to help you. I hope this answer was helpful. If you would like to discuss your case in more detail, I would be happy to do so. Good luck.

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