Frequently Asked Questions About Warrants

Posted on July 8, 2022 by admin

Being served, or worse, surprised by a warrant is not a pleasurable experience. Whether you are a hardened, street-smart convict or a first-time offender, the discovery of a warrant will most certainly invoke some relevant questions. If you are facing a bench warrant, arrest warrant, or search-and-seizure warrant, it is wise to educate yourself as much as possible before you mistakenly make your legal matters worse.

Scroll down to review some frequently asked questions about warrants, including what your first steps should be after learning of one for yourself for a loved one.

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FAQS About Warrants

What is an Arrest Warrant?

There are two main types of warrants: arrest warrants and bench warrants. An arrest warrant is an official order made by a judge and handed over to law enforcement demanding the immediate arrest of the defendant named in the document. A bench warrant is less serious as it does not require your arrest. Instead, bench warrants request your attendance on the “judge’s bench” for the purpose of handling certain legal matters. These are commonly used in divorce proceedings, custody hearings, and for witness testimony.

Do I Have to Go to Jail For a Bench Warrant?

No, you are not required to surrender to the jail for a bench warrant. Instead, follow the instructions on the documents sent to you. There should be information on when you are requested to appear in court or mediation. If you do not cooperate with the bench warrant, you could face civil or legal penalties, like fines.

How are Arrest Warrants Served?

There are several ways an arrest warrant can be satisfied or served. In many cases, the defendant named in the warrant will have a run-in with police, and when the police draw up their records, they will see the warrant and arrest the individual on the spot. This can happen during a routine traffic stop, even if the cop is just warning you about a burnt out taillight.

Other times, law enforcement will make a house visit or show up at the defendant’s last known place of employment. There, they will serve the defendant and apprehend them on the spot. Sometimes, police will allow a cooperative individual to simply follow them to the station for a surrender, rather than being cuffed and escorted in the police car.

What Should I Do if I Think I Have a Warrant Out for My Arrest?

You can use a free, online database to search for arrest warrant records. Simply type in your name and date of birth to see if there is an active warrant in your name. It should be able to provide state-wide results, showing warrants in all counties you are wanted in. You can also contact a local bail bondsman or criminal defense attorney for professional warrant lookup assistance. These tend to be the most reliable sources for warrant information. You could also call the Department of Motor Vehicles or courthouse directly.

How Do I Surrender to an Arrest Warrant?

If you have a warrant out for your arrest, it is vital that you turn yourself into authorities at the local police station in the county denoted on your warrant document. If you fail to surrender to an arrest warrant, you will be considered a fugitive of the law. It is recommended to contact the jail beforehand to get detailed instructions on where to park, where to enter the building, what to bring, and so on. In most cases, you can get in and out in a couple of hours.

Do I Need a Lawyer for an Arrest Warrant?

Although it is not required by law, it is strongly encouraged to hire an Indianapolis criminal defense attorney to help you during and after your arrest warrant surrender. They will ensure that you are not held in jail longer than you need to be, plus they can begin working on your defense to reduce your charges and subsequent penalties.

What Makes a Search Warrant Valid?

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate’s signature, a description of the premises to be searched, and a description of the items to be seized.

Can I Refuse a Search and Seizure if Police Have a Warrant?

There are several intricacies involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights.

Are you looking for legal assistance regarding arrest warrants and similar criminal matters in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for skilled criminal defense for arrest warrants in Indianapolis. We represent juveniles and adults all throughout the state of Indiana.

Do I Have to Let Police in My House if They Show Up With a Search Warrant?

Posted on March 22, 2022 by admin

Law enforcement can certainly be intimidating. Even if you are compelled to oblige by all their commands and requests, do you legally have to? This is a common conundrum for those who are faced with a search warrant at home. Are you required under law to let the police inside your house if they have a search warrant? What might happen if you refuse? Do you have the right to refuse and later appeal a search warrant in court?

Continue reading to learn what you should do if the cops show up at your place of residence with a valid search warrant signed by a judge or magistrate.

Search Warrant Facts

In order to get a search warrant, police must submit an affidavit to a judge explaining in great detail the property to be searched, what they are looking for within the property, which property they intend to seize, which type of crime is related to the location of the search, and more. Upon approval of probable cause, a judge will sign a search warrant, which is a court order giving law enforcement authority to explore whatever property stated within the warrant decree.

Any property or areas of the home that are not specifically listed in the search warrant cannot be legally searched by police. However, there is an exception to this rule. It is known as the plain view doctrine. Basically, if something illegal is in plain sight during the process of executing a search warrant, police can further investigate that area under reasonable suspicion.

Police may have a court order to search vehicles, homes, computers, cell phones, storage units, sheds, barns, greenhouses, safes, and more. Once approved and signed by a judge, police have ten days to execute a search warrant, and they can choose to execute a search warrant any time of day or night, including times they know the property will be vacant or unsupervised.

You see, one important fact you need to know about search warrants is that most of them give police permission to search the property without the owner’s permission. Some will have a “knock and announce” rule, but most judges eliminate this rule these days. Even with the rule, there are exceptions.

So, what does all this mean for you if police show up to your home with a search warrant signed by judge? It means that you must comply or else face additional legal consequences.

Consequences of Obstructing a Search Warrant

There are serious consequences that come with obstructing a search warrant. Most often, those who refuse to allow police to come inside their home or behave in a way that is disruptive to the execution of a search warrant, can be arrested for criminal offenses like disorderly conduct, obstruction of due process, contempt of court, and much more.

If this has happened to you recently, or if you are dealing with any type of arrest or bench warrant, it is important to retain a licensed Indiana criminal defense attorney who can fight your charges and help you avoid the maximum penalties you are facing.

Are you facing criminal charges or an arrest warrant? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

Top FAQS About Criminal Search and Seizures

Posted on October 8, 2021 by admin

Facing criminal charges is not a pleasant experience, regardless of how major or minor they may be. But, if you have the right knowledge, prepare accordingly, and hire a skilled criminal defense attorney, you can help ease the anxiety and fear that generally comes along being a criminal defendant. Many suspected offenders want to know the laws and procedures surrounding criminal search and seizures, as this is often the beginning of the indictment and criminal investigation process.

Continue below to review the top frequently asked questions about search and seizures, as well as how to protect your rights as you face criminal charges in Indiana.

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Frequently Asked Questions About Search and Seizures

Does Our Fourth Amendment Right Protect Us Against Illegal Searches?

The 4^th Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. This means that police and other forms of law enforcement must have a good reason to legally search you or your property, as well as seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal.

Can a Cop Search My Property Without My Permission?

Since police have the authority to make a probable cause determination, they can legally search your property if they want to, whether dwelling, vehicle, storage unit, barn, or shed. There is very little chance that they are found guilty of an illegal search later on.

Can I Refuse or Resist a Search?

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4^th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

How Do I Know if a Search Warrant is Valid?

There are ways you can ensure that a search warrant is legally standing and valid. When confronted with a search warrant by law enforcement, review the document and look for a magistrate’s signature, a description of the location to be searched, and a description of the items to be seized.

Can a Cop Read My Text Messages and Mail?

Whether snail mail, email, or text messages, a law enforcement officer can read through your literature if they have a valid search warrant. Once you are placed under arrest, police can confiscate and search through any belongings you have in your possession or on your person, such as purses, bags, wallets, and in some cases, cell phones. This is known as a “search incident to arrest.” Not all states allow a cell phone search under these circumstances, and instead, require a warrant to do so.

Are you facing criminal charges in Indiana and wish to dismiss or reduce them? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your charges!

You Should Also Like:

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The 3 Elements of a Valid Search Warrant

Posted on September 21, 2018 by admin

Your Fourth Amendment right permits you to a certain degree of privacy, and in most cases, law enforcement must obtain a warrant in order to legally perform a search and seizure event on your home, office, storage unit, car, or anywhere else you would have a reasonable expectation of privacy. So when being presented with a search warrant by law enforcement, you’ll first want to make sure it is a valid one.

There are three things to look for on a search warrant to have this assurance. Continue reading to learn what they are, as well as, what you should do if you are charged with a crime following a search and seizure.

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Search Warrant Process

❶ Magistrate Signature

Before a search warrant can go into effect, it must be approved and signed by an impartial magistrate of the law. A valid search warrant will have a magistrate’s signature on the document. If this is not present, it is not likely a valid search warrant.

❷ Description of Premises

A search warrant must also always state the where the search is to take place. If there is no description on a search warrant of an area law enforcement want to search, they cannot legally perform the search. A description does not have to be detailed though; it can be as simple as an address of a residence or building. However, if a cop has a search warrant for a storage unit, they cannot also search the person’s vehicle; they would need a separate warrant for that search.

❸ Description of Items to Be Seized

Not only must a search warrant contain a magistrate’s signature and a description of the premises to be searched, it must also specify which items are to be confiscated. There are some exceptions to this rule. For instance, law enforcement can confiscate certain contraband, such as illicit drugs, if they are in plain sight, even if they are not listed on the warrant.

What Happens if You Resist a Search

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

Indianapolis Criminal Defense Law Firm

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

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