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Arrest Warrant Questions

Arrest warrants are official documents issued by a judge authorizing the arrest of an individual. When making an arrest, the arresting officer must notify the individual they are being arrested based on an arrest warrant, the reason for the arrest warrant, and to show the individual the arrest warrant if it is reasonable to do so. To get a better understanding of arrest warrants, take a look at the questions below that have been answered by Experts.

Is a German arrest warrant for a non-violent crime for a German national valid in the US?

This is generally determined by the treaties between two countries. In order for Germany to extradite a person, they would have to formally request the extradition through the US State Department. If Germany has the correct documents and the persons offense warrants an extradition under the treaty between Germany and the US, it would take a US judge to issue a US arrest warrant for the person in question. So to answer the question, an arrest warrant isn't usually issued for non violent crimes but it would depend on the nature of the crime.

I received a civil arrest warrant in the mail from the superior court of Arizona, Maricopa county, regarding a collection effort for a debt, it says I was served however I was never served to my knowledge and never knew of the court date. What should I do? Am I in danger of being arrested?

Usually, in many counties in the US, when a person fails to appear, instead of an arrest warrant, a judge will issue a civil arrest warrant, but rarely act on the warrant. This is generally used as more of a threat tactic to get you to appear before the judge. You may want to speak with a criminal attorney. The attorney can contact the sheriff's department and explain why you failed to appear and see if there is any chance that you could go before the judge to have the arrest warrant vacated (removed). If you are allowed to go before the judge, you would then explain why you didn't appear. After hearing your reason, the judge would probably vacate the arrest warrant.

If I have an arrest warrant, will I have problems coming back into the US from Mexico?

This would depend on whether or not the arrest warrant has made it into the national database yet. Sometimes it can take from 6 months to a year for the arrest warrant to appear in the database. Arrest warrants are usually entered into a state database and a national database if it is a state felony or misdemeanor charges. You would probably run into trouble when your name is checked by US Customs/Immigration officers when you return from Mexico. If your name is in the database, you will probably be arrested.

Can a person be extradited by Canada back to the US due to the existence of that warrant for back child support?

Because this is a non support, it is very possible that you could be extradited. The reason for this is there is a reciprocal agreement on child support enforcement. Actually, it will depend on whether or not the US court that issues the order stated that they would extradite. In the event that you attempt to cross the border, you would be arrested and returned to the state that issues the arrest warrant.

I was just served with an arrest warrant that was issued in August 2008. This is July 2011 and I have been living in the same house all this time. Is the warrant still good? It was for a misdemeanor.

Generally, an arrest warrant will remain active until it has been served. However, if you have lived at the same address and you are just now being served, you may have grounds to file for a dismissal. Generally, case law would be on your side as far as dismissing the warrant. Also, this is a misdemeanor charge, not a felony.

Arrest warrants are issued by a judge for the arrest of an individual who has committed a crime. Generally, when a person is arrested, they are aware of the charges against them. However, there are situations when a person is unaware that an arrest warrant has been issued for them. In a case such as this, seeking the legal insight of an expert could be a wise option.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
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