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I have a warrant for tyForgery - Make, Complete, Alter, Pass…

Customer Question
Second opinion] I have...

Second opinion] I have a warrant for tyForgery - Make, Complete, Alter, Pass Forged Instrument, in south dakota, i have no idea why im charged with this, i want to clear my name. Should i use the "turn yourself in program" I have no money and cannot afford an attorney , can i get a public defender before i go to the jail to turn myself in ,or what should I do ?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

South dakota and warrant was isdued nov.22

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

No

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

Nothing i can think of

Submitted: 7 months ago.Category: Criminal Law
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Customer reply replied 7 months ago
Count of 22-39-36 (F5) forgery.
Four counts
Answered in 4 hours by:
12/4/2017
Criminal Lawyer: James Daloisio, Lawyer replied 7 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 729
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

The first thing you need to do is get the warrant recalled. You should call the county sheriff ((605)(###) ###-#### and find out if your charges are eligible for the "Turn Self In" program. If so you can surrender yourself, pay $25, and they'll give you a court date.

If you qualify for the program, you will be processed when you surrender. At that time, you'll be "in custody" and will be given your rights if an investigator wants to question you. If you are truly unaware of why this warrant was issued, then your response should be "I'm not going to waive my right to remain silent until I find out why I've been charged, and once I have the information I may wish to have an attorney present." At the very least, you should be able to find out the type of forgery you're charged with, i.e., bad check, stolen check, forged/altered documents, etc.

Even if no one tries to question you, you may still inquire into the case. Delicately. Do not allow your inquiry to be turned into an interrogation. Remember, once you're released you won't be in custody, so they do not have to tell you your Miranda rights before talking with you.

A legal lesson for you: "Interrogation" is questioning that is designed to elicit an incriminating response. In order to do this, the police will always try to get you to waive your right to remain silent (this is your right against self incrimination.). If they want you to execute a waiver, be very clear: "I do not consent to being interrogated. I only want to know why I have been charged with these crimes." Also bear in mind that even if they don't ask you to waive your rights, if they begin speaking with you and you begin answering their questions, a court will find an "implied" waiver and your statements would be available to be used against you in court.

In the event that someone does ask you to waive your Miranda rights before speaking with you, make it clear that you are not there to answer questions, only to find out why you've been charged in the case. Ask for the detective or deputy who investigated the case and tell them you want to know why the warrant was issued. Again: Do not answer any questions regarding the case, especially if you have no information to give them. Don't try to please them by trying to answer their questions. All you want to do is find out why the warrant was issued. Forgery is a pretty broad crime that covers a wide range of conduct. If they are not forthcoming with any information, then just go to your arraignment on the date they give you, and ask for the public defender. At your arraignment your attorney will be provided with the police reports and you'll find out the whole story.

Hope that answered your question. If so a positive rating would be appreciated. You can always return here with follow up questions on this topic at no additional charge. And thank you for using Just Answer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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