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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27734
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A detective came to my house twice asking son, he called s

Customer Question

A detective came to my house twice asking for my son, he called his lawyer who in turn called the detective. The detective told her there is a warrant out for his arrest for harassment on Thursday 11/12/15. He did go in for arrest because the detective does not want to tell the lawyer what kind of harassment and who is bringing the charges, and also he is on probation. The lawyer is eager for a retainer to be brought in to start the case of which she has no evidence that there is a case against my son.
Do u think he should turn himself in or how should we go about this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


What do you mean when you say "he did go in for arrest."

Your son did the right thing by calling his lawyer rather than speaking to the detective. He should not allow himself to be questioned by the police with regard to a new incident. He has no obligation to turn himself in. He can wait to see if the police will find him and arrest him.


However, if there is really a warrant for his arrest, it is always better to turn oneself in on it voluntarily rather than involuntarily. It will make a big difference in his bail conditions if he cooperates and turns himself in rather than gets picked up and brought into court in cuffs. That said, however, he should make sure through his lawyer that the police really have probable cause and are really looking to arrest him before he's put in harms way.

If he does have to turn himself in, the best way would be for his lawyer to arrange with the police for a voluntary surrender. Then your son could arrange a time which would ensure that he spend as little time incarcerated before he sees the judge as possible, and that he already has bail money ready if the judge won't release him.