Tuesday, February 28, 2012

Denver criminal defense lawyer / arrest warrants

I've already talked fairly extensively on this blog about search warrants, which the police will need to get to search your person or your property unless the search falls into one of a number of different exceptions. If a warrantless search does not fall into one of those exceptions, the evidence can be thrown out of court by the judge depending on the argument made by your Denver criminal defense lawyer. It also may not be thrown out, but that's a totally different story. Of course, these aren't the kind of warrants that most defendants are likely to be terribly afraid of. Most people care more about their freedom than the integrity of their property, so an arrest warrant is what really scares people.

In many cases, you won't be able to have a Denver criminal defense lawyer help with an arrest warrant. That's because the warrant will have been issued without you even knowing it, and the sheriff will simply show up at the door to "serve" the warrant. Serving a warrant is just a nice way of saying arresting the charged defendant. At that moment a defendant will want to call a Denver criminal defense lawyer to help with the underlying case. Of course it will be pretty inconvenient, since the police can haul a defendant out of his or her house or workplace or wherever they can find that person.

That said, sometimes a defendant will find out that there is an outstanding warrant before it is served and the defendant is arrested. In this case an attorney can help a ton. A lawyer can work with the court to get rid of the warrant (a process known as "quashing") and schedule the case for a hearing. Sometimes the court will work with this, knowing that the defendant is not going to skip out having already voluntarily consented to jurisdiction. Then the case is set for an arraignment where bail is set and some other conditions might be imposed to make sure the defendant behaves while the case is pending, and make sure he makes all the court dates. Other times this won't work and the defendant will have to negotiate a surrender. This is something for a later post.

3 comments:

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