Criminal Law Questions? Ask a Criminal Lawyer.
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I certainly understand the situation and concern for your friend. If he does retain an attorney, they can file a motion with the court, to have the capias lifted and the court date reset, so he can appear and answer to the charge, which is the basis of the warrant. This would avoid him having to turn himself in or waiting to be found. However, you do need to realize that even if he does avoid being arrest on the warrant, he could still subject himself to ICE, since he does need to resolve the charge, which is pending. Normally, a person who is to be questioned, does not have an arrest warrant for them and the police would need to/ want to charge them with something, so they could be legally taken into custody.
What kind of motion can be filed? If there are no charges and they want to question him..he should have an attorney, right?
It would be a motion to vacate the capias and in the motion, it would need to be stated why this should be done. If there are no charges pending and the reason for the warrant is so he can be taken in and questioned, then it would not likely be able to get lifted and he should 100% have an attorney, especially since there are immigration issues along with the potential criminal charges.