How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 10008
Experience:  JD, MBA
9373668
Type Your Criminal Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Is it possible to get a copy of the affidavit which should

Customer Question

Is it possible to get a copy of the affidavit which should have been filed when an arrest warrant has been issued? In other words, is that document available to the public in general? If so, is the course of action necessary to obtain that document as simple as contacting the clerk of court for the county? (state of NC) Thanks!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Yes, the affidavit is a public record and can be viewed by the public by visiting the court clerk and requesting a copy (so long as the warrant was executed). It should be a part of the case file. See N.C.G.S. 132-1.4(k), which states:

The following court records are public records and may be withheld only when sealed by court order: arrest and search warrants that have been returned by law enforcement agencies, indictments, criminal summons, and nontestimonial identification orders.

As you can see, arrest warrants are specifically made a public record. That would include supporting documentation such as the affidavit.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 10008
Experience: JD, MBA
TJ, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you! I plan to get a copy of the affidavit tomorrow. Do I have to show up in person or can a copy be faxed to me?


 


Also, here's the background information about my situation, and I would greatly appreciate any thoughts you may have related to this case. Our next court date is Thursday, May 23rd:


 


My son's girl friend (age 24) was surprisingly arrested for 2 counts of felony larceny and breaking and entering two weeks ago. She is very distraught because the crime occurred in an area of the state (2 1/2 hours away) where she no longer lives. She has lived in our area for 3 1/2 years now. The crime consisted of breaking into a convenience store and stealing two cartons of cigarettes and some coins, and we still don't have the specifics of why they think she did it. The crime occurred on April 4th, she was arrested on April 15th, and she had to make her first court appearance on April 19th, but the assistant DA said she didn't have possession of the evidence against our friend at that time. We have secured very good legal representation, but we are trying to learn as much as possible about whether our friend's civil rights have been violated. Rumor has it (from former neighbors at this previous address) that the store owner has a surveillance tape that looks like our friend and one other young female committing the crime, but the offenders can only be seen from the back. I can't confirm any of this information at this time, but I hope to learn more in the future. The next court date is May 23rd. In the mean time, I am curious about "probable cause" and whether or not the sheriff's department have overstepped their authority by arresting our friend. We have gathered much data to support that she was in our part of the state during the days surrounding the commission of the crime (debit card transactions, etc). Also, our young friend has a trust fund that she was able to get a lump sum distribution from last December, so she has a healthy bank account and had no need to steal cigarettes. She is very embarrassed that her arrest has been published in the paper today, and she is very anxious that she will be remembered in this community for a crime she didn't commit. If we have any recourse available to us once she is cleared of these charges, we intend to pursue a civil suit. Interestingly, the Sunday night that she was arrested (between 8:00 - 9:00 p.m.), the detention personnel told us that the arresting sheriff was in route for a "courtesy interview" and was only about 45 minutes away (out of the 2 1/2 hour trip). After much debate, we decided not to grant the "courtesy interview" because our friend had already been arrested and we felt she should have legal representation present. Also, we were not feeling very "courteous" at the time! Is it normal for a sheriff to make a 2 1/2 trip to transport an arrested suspect back to his county, especially considering that it was a Sunday evening and he would not have been able to return home until about 3:00 a.m.? Also, is it normal for the warrant for our friend's arrest to have been processed on a Sunday? The actual date of the arrest warrant was April 15th, a Sunday.

In addition, we wonder if there has been malicious intent with this entire episode because our young friend had female acquaintances at her previous home who were quite jealous of the attention that she received from a young man. One of the girls was a daughter of the sheriff at that time (not the current sheriff - but the former sheriff is now employed in the area as a convenience store security guard - different store than the one robbed). The former sheriff's daughter and the young man were married the weekend before the robbery was committed on April 4th, but the young man's father continues to try to contact our friend through text messages. He keeps saying he would like a current picture of our friend, even though he is supposedly a newly-wed. I have forwarded all of these text messages to our attorney and our friend has not responded and provided any pictures, but it's very frightening to think that these people are plotting against our young friend.

One last weird fact concerning our friend's arrest: Our county received a communication from the former county of residence on Sunday evening, April 15th, to follow up on a "well-being check" for our friend that was phoned in to the former county by a 9-1-1 call. Dispatch responded to the "well-being check" by running a check on our friend to get info and to show up at her current address to check on her. At that time they discovered that a warrant for her arrest had been issued that day, so they verified her well-being and took her into custody. While our friend was in transport to the detention center the sheriff's deputies tried to relay return information about our friend's safety, but the caller who phoned 9-1-1 could not be reached. It seems that the call was a hoax used to "trigger" a quick arrest that evening.

Any advise you could offer would be greatly appreciated.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Q: Do I have to show up in person or can a copy be faxed to me?
A: That is ultimately up to the policy of the court clerk's office. However, I would be shocked to learn that the court clerk would fax you the affidavit. As a general rule, a person must appear in person, view the file themselves, and tell the court clerk exactly what document they want copied. The court clerk is not generally going to review the file for you and find the affidavit themselves.

Q: Is it normal for a sheriff to make a 2 1/2 trip to transport an arrested suspect back to his county, especially considering that it was a Sunday evening and he would not have been able to return home until about 3:00 a.m.?
A: Yes, that is normal only because it has to be done at some point, and the deputy who transported her was likely working his normal duty hours. But even if it is unusual, it really makes no difference so far as the case is concerned. It neither helps nor hurts her case.

Q: Also, is it normal for the warrant for our friend's arrest to have been processed on a Sunday? The actual date of the arrest warrant was April 15th, a Sunday.
A: That is normal as well. Keep in mind that police departments, sheriff's offices, etc., are staffed 24/7. It is no more or less normal to make an arrest at 2 AM on a Sunday as it is 9 AM on a Monday. In either case, the arresting officer likely worked his normal hours. So, I wouldn't necessarily view what occurred as being done at an unusual day or time.

Without reviewing the prosecution's case, it is impossible to offer any useful information or possible defenses. If I were her, I would stay in frequent communication with my attorney, offer to help in any way at all, and ask for an analysis of the prosecution's evidence. If she were to review the evidence, it's possible that she'll see a hole. For example, she may find that she can prove that she was elsewhere on the date and time of the crime.
Customer: replied 1 year ago.

Thanks! I'll probably have to travel to the courthouse there to get the information.


 


Also, it was the sheriff himself who made the trip for the arrest, not a deputy. That's why I found it to be so odd.


 


We plan to review the prosecution's evidence as soon as possible. Our attorney asked for this the first day in court, but the assistant DA said she did not have it yet. Are there deadlines they must meet to provide this information to us?

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Q: Are there deadlines they must meet to provide this information to us?
A: The deadlines for sharing that information would be set by the court. You'll want to see if there a scheduling order which states when discovery must be completed.

I wish you the best in resolving this issue!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
TJ, Esq.
TJ, Esq.
410 Satisfied Customers
JD, MBA