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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28034
Experience:  10+ years defending Misdemeanor and Felony cases.
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If there is an arrest warrant for a friend of mine...and they

Customer Question

If there is an arrest warrant for a friend of mine...and they have allegedly gone to look for him....does he need to turn himself in by himself. or should he hire an attorney? He is being accused of something he was not a part of. It seems they want to question him but they indicated to us that they are looking for him under an arrest warrant. He is undocumented and we are afraid he will be detained and subsequently transferred to ICE. Can an attorney represent him and get the arrest warrant rescinded?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 4 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

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.

Expert:  CrimDefense replied 4 years ago.
Hi. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

What kind of motion can be filed? If there are no charges and they want to question him..he should have an attorney, right?

Expert:  CrimDefense replied 4 years ago.

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.