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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have several questions. 1) Are you suppose to be notified

Customer Question

I have several questions. 1) Are you suppose to be notified that you have a warrant for your arrest? 2) Are the officers suppose to show you the warrant and advise you what it is for? 3) How can they arrest a person that they continually called by the wrong name? Is there a time limit for the booking process? This is just for starters
Submitted: 8 years ago.
Category: Legal
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- The best thing you can do is to get a lawyer to represent your son. A lawyer is the only person who can speak on behalf of your son and there is no way from this website that we would have the information available to us. Generally speaking you don not have to be notified of a warrant being issued. If that were the case it would be far more difficult to apprehend someone since they might be more likely to flee.


The officers generally state the reason for the arrest however do not always have a copy of the warrant in their possession. Procedures differ among jurisdictions however if any crucial rules are broken, such as a failure to read Miranda rights before custodial interrogation, then evidence may be suppressed.


In any event, all of your concerns must be addressed by counsel in the representation of your son. If you cannot afford a lawyer the court will appoint one for him. The sheriff's office will never be of any help so a lawyer is really the only person who will be on your side. They can generally hold someone for up to 72 hours without charges and this being a weekend I'm certain you will have to wait until tomorrow to call the court.


The court could at least give you more information that the sheriff as to arraignment times etc.


David Kennett - JD - Attorney at Law

Dave Kennett and other Legal Specialists are ready to help you
Customer: replied 8 years ago.
The officer kept calling him by the wrong name and my son repeatedly told him and showed him his drivers license. When are you suppose to be told what you are being arrested for because he had NO tickets or anything that would even indicate that there was a problem to be addressed!
Expert:  Dave Kennett replied 8 years ago.

Obviously they have to inform him of the charges at some point. If they arrested the wrong person then he should have a civil claim of false arrest against the Sheriff. All of this needs to be reviewed by an attorney. What I am saying here is that until you get an attorney there's nothing you can do. If your son were wrongfully arrested there are civil remedies. If incorrect procedure were followed there are appropriate motions that can be filed.


All of your questions are valid and should be answered. The problem I have is that I cannot represent your son or speak directly with the court on his behalf so I'm on able to provide you with general information and try to point you in the right direction.