QUESTION

Is it legal for the police to arrest my sister for old warrant?

Asked on Feb 11th, 2013 on Criminal Law - Morelos
More details to this question:
My sister has been arrested several times by city officials since 2004 and bonded out. She was in a situation last week where both city and county officers were involved. She was arrested by county officers and bonded out and let go by the county officers. 2 days later, she was the passenger of vehicle having problems beside a road. The city officer pulled up, arrested her for "failure to pay old fine" and "possession" of small amount of marijuana. Is this "just her luck of sliding by this long" on her part or "possible saving of old warrant at their convenience"?
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Answered on Feb 13th, 2013 at 7:16 PM
If she had an outstanding warrant, then of course she can be arrested. There are some other, more complicated issues here, though. You should talk to a local criminal defense attorney about running a "Serna Motion". Your attorney can evaluate the facts to determine whether or not that might be a winning strategy.

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Answered on Feb 13th, 2013 at 2:04 PM
It is legal. You need to resolve all of your criminal problems. You are not forgiven because your case has heretofore slipped through the cracks.

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Answered on Feb 13th, 2013 at 9:13 AM
If the police come in contact with her and there are warrants for old violations, they can arrest her. She needs to get these matters taken care of so she doesnt have to worry about it anymore.

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Answered on Feb 13th, 2013 at 9:13 AM
It is legal to arrest her on the old warrant. She should get it taken care of.

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Answered on Feb 13th, 2013 at 9:12 AM
Warrants don't ever expire. So, the police can arrest you for a warrant no matter how old it is. If they pick you up on a warrant and you bond out, you still have to appear in court at some point for the underlying charges. If you don't appear in court or pay the fine, then the court issues another warrant. In this situation, it sounds like the police pulled over the car, looked up your sister's driver's license identification and discovered she has a warrant, so they could have arrested her just for that. But having found marijuana on her gave them another reason to arrest her.

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Answered on Feb 13th, 2013 at 9:12 AM
You hit it on the head. It is her past catching up with her. The warrants from the county are not the same as the warrants for the city. Trust me, they dont save warrants for their convenience. Warrants dont go away.

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