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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12237
Experience:  Attorney
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My wife was just arrested in ALFALFA county for a warrant in

Resolved Question:

My wife was just arrested in ALFALFA county for a warrant in pottawatomie county. It is new years eve, we are normal every day people that dont break the law. It was an old check that bounced that she didnt pay. Is there anyway to bond her out tonight rather then waiting for pottawatomie officers to come pick her up and drive her 3 hours to shawnee just so that we can bound out? This is a sad day for people that are suppose to feel safe with cops around. New years night and instead of finding drunk drivers they arrest a mother of 3 for a warrant over something that could be simply paid for on tuesday morning.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 2 years ago.
Hello there:

Thank you for entrusting me with your question. I will not defend the law, but I will explain it. The function of an arrest is not punishment, but to bring the suspect under the jurisdiction of the court, so the county from which the warrant was issued is the one that is seeking to establish jurisdiction. Jurisdiction cannot be established until the suspect is brought back to the county, which means that someone arrested out of the county would not be able to bond out until transported back to the county that issued the warrant. In other words, someone arrested in Alfalfa county on a Pottawatomie county warrant will have to first be transported back to Pottawatomie county and bonded from there.

Again, it gives me no pleasure to announce this, but please keep in mind that the experts are not credited for unaccepted answers and even where I can not get you out of a contract, my hope is that you can at least feel confident in your knowledge of your rights so you can get the best legal outcome under the circumstances, whatever that outcome may be.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12237
Experience: Attorney
Brandon M. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
I contacted ALFALFA County and they told me to call Pottawatomie to see if they would tell me how much the bond was and if they would allow me to come pay it. So Obviously they assume it can be paid if both parties agree? Pottawatomie Sherrifs office DID tell me how much the bond was. The dispatcher is just some guy working for $7 an hour he really doesnt know much and he told me this. Is it possible for me to go and pay the bond if both sherrif offices are in agreement?
Customer: replied 2 years ago.

I contacted ALFALFA County and they told me to call Pottawatomie to see if they would tell me how much the bond was and if they would allow me to come pay it. So Obviously they assume it can be paid if both parties agree? Pottawatomie Sherrifs office DID tell me how much the bond was. The dispatcher is just some guy working for $7 an hour he really doesnt know much and he told me this. Is it possible for me to go and pay the bond if both sherrif offices are in agreement?

 

 

My last question is, Legally if someobody has a warrant and gets pulled over. Does the officer have to arrest? I was told that it is up to the officer and they could refuse the arrest?

Expert:  Brandon M. replied 2 years ago.
As long as Pottawatomie county accepts it, is what matters. If they allow it, go for it.

There is no obligation for the officer to make an arrest if they pull over someone with a warrant, no. Like everything else, there is discretion involved on the part of the officer.
Customer: replied 2 years ago.
I didnt know i would have to pay another 43$ I thought it said for 43 you got 5 answers.
Expert:  Brandon M. replied 2 years ago.
If you have a subscription plan, you can ask as many questions as you please at no additional cost beyond your monthly subscription. Technically, new questions are to be asked in a new question thread. I invite additional questions in the same thread for purposes of clarification as a courtesy and I do not request additional accepts while in the same question thread. I am not sure to what you are reacting, but the problem may be that you are attempting to click "accept" in the same thread. If you have additional questions, try presenting them in a new question thread and see if that solves the problem. I do not have full access to your account information, but my information shows exactly one charge at $43.
Customer: replied 2 years ago.
Yes, I think I hit accept answer again on accident.. I appreciate your help. And I did hit accept for the charge. The main thing I wanted to know was the arresting quetion. The chief here does not know the law when it comes to arresting matters. It needs to be brought to the city's attention. I appreciate your time.

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