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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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My boyfriend has an arrest warrant out for his arrest for a

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My boyfriend has an arrest warrant out for his arrest for a domestic violence incident with a family member at that persons house. He was driving my car when he left the scene of the incident so the police came to my house looking for him. They ask to search my house which I said no because they had a arrest warrant for him not a search warrant. He doesn't live with me or stay with me but I am wondering if I have to worry about them coming back to my house with a search warrant for my house just because they thought he might have been here. i live in WA state and all I can find online is that they need probable cause to obtain a search warrant. But like I said he doesnt live with me, I just don't want a bunch of police searching through my house with my kids here.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of your circumstances.

You will not have the police coming with a search warrant UNLESS they are sitting on your house or hear reports that your boyfriend has been seen coming and going from there.

If your boyfriend is seen coming/going from your place, that will give the police probable cause for the judge to sign a search warrant.

If you don't want the police at your place, tell your boyfriend that he has to stay away from there.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied.
Customer: replied 2 years ago.
he has been here in the past and neighbors can verify that but not since he dropped my car off yesterday afternoon and the police came yesterday night. So since he hasn't come and wont come now that I have told him he cant, and since he is not registered on the lease and doesn't live here ( just stays the night on ocassion) we should be ok? What if the family memeber that was involved in this incident said that he might be here/ or live here because I am his girlfriend? Does the family member saying that give them probable cause?
Expert:  JB Umphrey replied 2 years ago.
Yes, you should be okay.

A family member saying "might" won't cut it.

The judge/police are going to want someone saying that they are seeing him coming and going from your place NOW.

I hope this helps to clarify things.
Customer: replied 2 years ago.
I have now asked my boyfriend not to come to my house until he gets this matter resolved. I am afraid that the police are going to come back looking for him and I run a business during the week out of my house. How can I keep the police from coming back around especailly during my work hours. What is normal police procedure for this kind of thing?
Customer: replied 2 years ago.
Also I wanted to know since he drove away from the scene of the incident in my car, can they pull me over just by running my plates and connecting the car to him? The car is registered to me. Just so you knowI still haven't gotten an answer to my last question.
Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up. As to your questions:

How can I keep the police from coming back around especailly during my work hours. What is normal police procedure for this kind of thing? The answer is that you cannot. They are free to come back to your house to observe and try to ask you questions. You are free to not answer their questions.

And as for your car, no, the police can't pull you over just because you're driving your car which he previously used to drive away from the scene in.

I hope this helps to clarify things.
Customer: replied 2 years ago.
So obviously the best way to handle this is for him to go and take care of the warrant but he is not sure how the best way to do this. He has a warrant for a failure to appear for a traffic violation and he doesn't want to turn himself in and then wait in jail for a long time forXXXXXdates. Someone told him that he could contact a bail bonds men and post bail for the failure to appear and get a new court date so that when he turns himself in he only has this present issue to deal with. Do you know if this is possible? Also how many times do you think the police will return to my house looking for him? I am just so nervous about them coming while I am working. Also what kind of jail time is he looking at for a DV charge ?
Expert:  JB Umphrey replied 2 years ago.
If he gives money to a bail bondsman, he won't be able to use that money to pay off the traffic ticket. He should just go and pay off that old ticket to get that warrant lifted.

I have no reason to believe that the police will be back at your place.

There's no way to speculate if he'll get any jail on the DV charge. Most folks just get probation on a first offense.
Customer: replied 2 years ago.
The ticket is currently being paid off, its an old charge for driving with a suspended license and he missed the notice in his mail about a court date for it so they issued a failure to appear warrant. is it possible to do that though? Post bond without seeing a judge first and just get a new court date that way? Whats the best way for him to handle this entire situation so that he can take care of it without having to spend a long time waiting in jail?
Expert:  JB Umphrey replied 2 years ago.
Post bond without seeing a judge first and just get a new court date that way? Yes, if the warrant lists a bond amount on it.

You boyfriend is best off hiring a local attorney now to represent him in all matters. The attorney will meet with the prosecutor and try to work out a favorable plea deal.
Customer: replied 2 years ago.
Hi again I have just one more thing to clarify and then I will accept your answer so you can get paid. So I called the courts this morning and the warrant that he has is for a failure to appear to court for a traffic violation. Which he is posting bail on and getting a new court date today so that will be taken care of but they said that he doesn't have any other warrants. I explained what happened and asked why there wasn't a warrant out for him and she said that until charges are filled that they can't issue a warrant. Does that sound correct to you? Would you deem it safe once he clears up the failure to appear warrant for him to come to my house? His daughter is here and he wants to see her, but I am not willing to deal with more issues or visits from the police. And if they did come back he would no longer have any outstanding warrants so they really wouldn't have a leg to stand on to come inside and search my house right? Thanks for all your help, this has been so stressful!!
Expert:  JB Umphrey replied 2 years ago.
Thank you for the follow-up.

....until charges are filled that they can't issue a warrant. Does that sound correct to you? Yes, that is correct.

He can come to your house at any time. But, if you don't want the police around your house, then you don't want your boyfriend at your house. It's most likely the case that the prosecutor is reviewing whether or not to authorize charges. The police can always come to your house if they have a search warrant.
Customer: replied 2 years ago.
but they couldn't issue a warrant for him let alone a search warrant until charges are filed right? How long is normal for charges to be filed? The court said that once charges were filed that he would be mailed a court date. Are they going to still issue a warrant for him if he goes to the court date set?
Expert:  JB Umphrey replied 2 years ago.
The warrant can be issued at the same time that the charges are authorized. Or, the charges can be filed, a court date issued and, if he doesn't show up at the court date then the warrant is issued. It can happen either way.

There is no "normal" time-frame. Some prosecutor offices are more busy than others. It really could be a couple of months.

JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 6 other Criminal Law Specialists are ready to help you

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