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I'm trying to help my brother recently he had court out of…

Customer Question
I'm trying to help...

I'm trying to help my brother recently he had court out of town as he was in court we where notified that he had a warrant out of state the warrant was for breaking and entering and trespassing so I asked his lawyer that was representative for that case he was able to show me the warrant that they had an issue out for his arrest saw the date and remember that on those days he had Lent his friend the car my brother was with us which is my wife my mother I tried to explain this to the lawyer but couldn't help me cuz the warrant wasn't out of that state on that warrant it said that the witness was able two C2 cars color gray one two door one four door I was able to take a license plate number which was my brothers I'm assuming when the officer pushed in his license plate number he got a picture of his driver license and showed it to the witness she also described 3 bald Mexicans with tattoos and picked out my brother out of alignment but I thought time my brother have long hair long beard and his picture ID yes he is bald and can cut cuz he had just got out the Marines we have proof where we we we were texting his friend to bring his car back for those 3 days he was with us which is my brother find me when the friend brought the car back he had said that they stole it from him and was sorry we didn't think nothing of it till now

Lawyer's Assistant: In what state did this occur?

New Mexico

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes I have made some appointments ask around so I'm saying it might be false imprisonment but they can't really do nothing until he's he gets extradited back home but they already hold it in more than 40 days and still going

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not really just at that I think it's really wrong what they've been doing to my brother he served his country I don't know how they were able to issue a warrant on just on the fact of a license plate never that they come approach his home or where does through the mail I just think it's wrong

Submitted: 7 months ago.Category: Criminal Law
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Answered in 3 hours by:
9/23/2017
Criminal Lawyer: James Daloisio, Lawyer replied 7 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 427
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer. I'm a former prosecutor and have seen this type of situation many times. Unfortunately, your brother is going to have to appear in New Mexico court to resolve this matter. An arrest warrant is issued when there is "probable cause" to believe that a person committed a crime. It sounds like they have his car registration, and that an eyewitness picked him out of a lineup. That is plenty for a warrant. And because he is an out of state resident they will want to keep him in custody in New Mexico unless he can convince the court that he is not a flight risk, and in any event he'd probably be required to post substantial bail. As for his defense, the text messages help, and also the testimony of anyone who was with him at the times that he was supposed to be in New Mexico. It would also help for your brother to report to the police that his car was taken without his permission. When a person is in a situation like this it's best to take control and begin your defense, rather than waiting for something to happen. The bot***** *****ne is that this situation cannot be fixed from out of state. He has to go to the court where the warrant was issued. He might try to telephone the police agency that investigated. I'm surprised that they did not try to contact him. Or perhaps they couldn't find him.

That's pretty much how it works. The bot***** *****ne is that I doubt it would be resolved without his going there. As I said, he can try to telephone the police agency and tell them what happened; it might help to put them on the track of the one who is really guilty.

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Category: Criminal Law
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