The Fourth Amendment of the U.S. Constitution prohibits “unreasonable searches and seizures” by police and other government agencies.

However, there are many circumstances when an officer cannot enter a home without permission. New Jersey residents should know their rights regarding police and their property.

That said, they are required by law to “knock and announce” and wait for the homeowner to answer the door. However, when there is a warrant, police are only required to wait a reasonable period of time before forcing entry.

Even without a warrant, there are many circumstances in which police may enter a home and search the premises. This includes:.

If the homeowner is confident that none of the above situations are true, then he/she can refuse permission to the officer and even close the door on them. Moreover, exceptions such as exigent circumstances do not give police carte blanche to enter a home whenever they wish.

Hutchins). Similarly, police cannot use the “plain view” exception for any evidence uncovered during a warrantless entry (State v O’Herron).

police cannot search or enter a person’s yard without a warrant or the above-mentioned probable cause. The same rights apply to a vehicle parked on private property, such a driveway, lawn, or garage.

A bench warrant—such as the type issued when one fails to attend traffic court—is an executable warrant that gives police the same authority to approach and enter property and take persons into custody as any other type of warrant. The main difference between a bench warrant and an arrest warrant is the former is issued by the court and the latter is issued by police as part of an investigation.

TV and movies love to depict police kicking in doors when searching for evidence or suspects. It’s true that police have permission to conduct a “forced entry,” but there are rules they must follow first.

The exception again is when exigent circumstances exist.

In most other circumstances, a person can refuse to open the door. Keep in mind that most officers are only doing their job and may only wish to ask questions.

As mentioned above, there are scenarios in which a police can enter a home without getting a warrant or permission from the homeowner. These include when police have probable cause to believe:

for example, if an elderly relative has not been heard from in days and is not responding to phone calls or answering the door.

an employee or frequent customer). They may also enter if they have a search warrant.

As noted above, unless there are urgent or exigent circumstances, police do not have the right to enter one’s private property. Schneckloth v.

And State v. Hutchins set a high standard for police to meet to justify any warrantless search of private property.

In many cases, one is well within their rights to tell police to “get off my lawn.”. Having police enter one’s home without permission can be a shocking and stressful situation.

If you or a loved one believes police illegally entered your home or other property, contact an attorney to discuss your rights.

If you suspect that you may have an outstanding warrant in California, we highly advise that you confirm whether your suspicions are true or not by proactively handling this issue as quickly as possible and avoid further problems with the court. There are three types of warrants that a judge can issue in the state of California:

This is issued when a person is believed to have committed a crime following evidence brought forth by a district attorney or peace officer or after a grand jury indictment. Just like the arrest warrant, the bench warrant gives law enforcement officers the power to arrest the person mentioned on the warrant.

Bench warrants are issued when the defendant is found in contempt of court, such as when they: This type of warrant does not give the police the power to arrest someone, but it does give them the authority to search the following:

Thus, any police officer nationwide can obtain this information to see if a person has an active arrest warrant. There are various ways a person can find out if have an active warrant:

However, this method only works if you are sure which county the order will be coming from. Remember, court clerks will update arrest warrants on these websites once they are issued.

For example:. Los Angeles Superior Court Criminal Case Search (fee required) Orange County California Active Warrant Search.

Every county in California has a Superior Court of California website. For example:.

Therefore you can conduct a warrant search there to see if there has been an issue against you. However, to use the site to run a warrant search, you have to include:

You can choose to do it yourself and search through public records, criminal records, and government agency records, or outsource the job to a third party who will conduct the check. For example:.

Once the check is complete, it will show you whether you are subject to a warrant, suspected of any criminal activity, exposed to potential criminal liability, wanted by law enforcement, or have violated a particular California Penal Code. If you have a warrant against you, you must contact a criminal defense attorney as quickly as possible to help you address this issue as promptly and efficiently as possible.

Seppi Esfandi is an Expert Los Angeles Criminal Defense Attorney who has over 22 years of practice defending a variety of criminal cases. Need an Attorney.

Seppi Esfandi is an Expert Attorney who has over 22 years of practice defending a variety of cases. (Click to Enlarge).

You find any outstanding Dallas County criminal warrants for your arrest by calling the Sheriff’s Department. Contact the Dallas County Sheriff’s Department using its general information warrant line at 214-761-9026 or its warrant department line at 214-653-2700 for more information.

Arrest warrants give authorities the power to take alleged offenders into custody. After a sworn affidavit, which will include all of the crimes the person allegedly committed, is submitted, a judge will issue an arrest warrant.

Search warrants permit authorities to look through a person’s home or vehicle for incriminating evidence. A judge issues a bench warrant when an offender fails to show up for a scheduled court appearance.

If you are stopped by police for a traffic violation or a minor offense, an officer has no choice but to arrest you if they determine you have an active warrant. First, try not to panic.

This is especially true if you found the information on a website not run by the Sheriff’s Department. Court statuses change constantly.

The information may not be accurate or updated properly to show that the warrant has been resolved. If you think the information is accurate, get in touch with a criminal defense lawyer.

Click to contact our lawyers today. Consult with a lawyer in Texas who will be able to determine whether there are any outstanding warrants, where and when it was filed, and then, come up with a strategy to handle the issue.

We understand that an impending arrest is nerve-racking, but you do have to face the issue. It is always better to turn yourself in, then, to get picked up when you least expect it.

However, you do not need to handle this case alone. A criminal defense lawyer will help you navigate the process and determine the best option.

When you want a firm that will fight to get you justice, turn to us at the Law Offices of Randall B. Isenberg.

Our initial case consultation is free. Call or text (214) 696-9253 or complete a Free Case Evaluation form.

One simple mistake can lead to your arrest. How.

Let’s say that you missed your court hearing. You didn’t mean to miss it–you just got the date mixed up.

The issue is you didn’t even know you had an active warrant issued against you. In fact, you don’t find out until you run into the police (maybe you get pulled over), and all of a sudden, you’re being taken into custody.

Still, it’s important to learn what bench warrants are and what you should NOT do if you have one. Continue reading to learn about Colorado bench warrants and how Right Law Group can help you.

A bench warrant is a more common and less severe type of arrest warrant. Typically, you get a bench warrant for small violations, such as:

This means that if you run into the police, they will search your name. When they see that you have an outstanding bench warrant, they will take you into custody.

After you’re released, you will be given another court date. If you miss this new date, you will forfeit your bail and receive another bench warrant.

They can help you take care of your warrant, so you don’t have to. The problem with a bench warrant is that you likely won’t know that you have one.

If you get a notice, then you can address it accordingly. If you didn’t receive a notice, how would you know about your warrant.

Well, you usually won’t. At least not until you get arrested or check for yourself.

Input your information to find out if you have a bench warrant. If you realize that you missed your court appearance, it’s likely that you have a warrant, but you can still do a search.

Technically, you can, but you have to quash the warrant first. So, what is quashing, and how do you do it.

Quashing is the term coined to describe getting rid of your bench warrant, in other words, getting the courts to cancel the warrant they put out against you. You need to quash your bench warrant to avoid getting arrested and facing the other consequences of a warrant, such as losing your driver’s license.

They can file a motion to quash your warrant. Once they file the motion, they will appear in court for you to ask the judge to recall your warrant.

This is the best option to get rid of your warrant and avoid going to jail. Here are four things you shouldn’t do if you have a bench warrant in Colorado.

If you ignore it, you’ll eventually be arrested and taken into custody. You will have to post bail to get out, and you’ll have to pay several court fees.

If you haven’t addressed your bench warrant and you come in contact with law enforcement officers, do NOT run away. You may be scared and overwhelmed, but fleeing from the police and not cooperating will make your situation worse.

Do NOT try to fly or travel with a bench warrant. Places like airports check their databases for warrants, so you will be taken into custody before you reach your flight.

This will complicate clearing your warrant. When you have a warrant, do NOT turn yourself in without a lawyer.

In fact, if you work with an attorney first, you might not have to go to jail at all. So it’s best practice to contact an attorney before turning yourself in.

With almost a decade of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, misdemeanors, felonies, domestic violence, and other criminal charges. Alexis received her Juris Doctor from the University of Denver — Sturm College of Law and is a member of the Colorado Bar Association.

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Many Indianans who have warrants are well aware that they exist. However, some people who have warrants would be surprised to learn that they do.

Fortunately, there are ways to check for outstanding warrants in your name, but criminal defense lawyers offer the optimal and safest way to determine the existence of an outstanding arrest warrant. With the help of a defense attorney, you will not only learn of warrants you have but also get sound legal counsel on the next steps you should take.

In most cases, the authorization comes from a magistrate or a judge and typically must be based on probable cause that a crime has been or will be committed. There are several types of warrants:

Bench warrants are like arrest warrants but are typically issued only when an individual fails to comply with specific court orders. And search warrants are authorizations for law enforcement officers to seek out evidence of criminal behavior but not to make an arrest.

In every case, it is better for individuals with Indiana arrest warrants to take the steps necessary to resolve the warrant before they are arrested by a law enforcement officer. Because there are various types of warrants in Indiana, knowing what type you may have in your name will help you understand the potential consequences you might be facing.

They are judicial authorizations that allow law enforcement officers to search for specific evidence of criminal activity in a specific location. Without an Indiana search warrant, law enforcement officials cannot conduct searches unless an exception to the warrant requirement exists.

When executing an Indiana warrant search, law enforcement officials may look for and seize: However, search warrants must contain a level of specificity regarding the location to be searched and the items to be seized.

Generally, in order for an arrest warrant to be valid, there must be a sworn affidavit of probable cause that backs it up. If a grand jury returns an indictment against an individual, a judge may issue an arrest warrant based solely on the grand jury indictment.

Officers may show up at a person’s home, work, or school for the arrest. Typical information found in an arrest warrant includes:

An Indiana bench warrant is a warrant issued by a judge against a person who fails to comply with a court order. They are similar to arrest warrants in that they allow police officers to take an individual into custody at will.

It is important to note that failure to appear to face criminal charges in Indiana is its own criminal charge. It is a Class A misdemeanor if the underlying charge is a misdemeanor and a Level 6 felony when the underlying charge is a felony.

A fugitive warrant is a type of Indiana arrest warrant for individuals who intentionally avoid criminal charges by leaving the jurisdiction in which the arrest warrant was issued. They are written in such a way as to allow an arrest outside of a warrant’s original jurisdiction and to foster collaboration between multiple law enforcement agencies of different jurisdictions with the goal of bringing an offender to justice.

A no-knock warrant is a type of warrant that allows police officers to forgo announcing their presence before entering premises. They are typically issued when the announcement of the presence of the police would likely lead to the destruction of evidence or put the officers’ lives in danger.

For instance, the Indianapolis Metropolitan Police Department forbids their use. The worst way to learn of the existence of an arrest or bench warrant is to be arrested.

Many counties within the state, especially the larger ones, allow you to perform a direct warrant search in your name over the internet. Keep in mind that some counties, especially the smaller ones, may not have complete information regarding warrants or any information at all online.

If an online search is not available, you can call the county sheriff for the information you need. You can contact an Indiana police department directly over the phone to learn of an arrest or bench warrant.

Additionally, the department will likely attempt an on-the-spot interrogation of you in an attempt to determine your location and apprehend you if you do have an active arrest or bench warrant in your name. Hence, it may be wise to have someone else call for you.

If you choose this option, your attorney will conduct a thorough warrant search without putting you in jeopardy of an unexpected arrest. They will also be instrumental in helping you resolve the warrant and any other issues you have.

These professionals have access to databases and have relationships with law enforcement that allow them to quickly obtain warrant information in many instances. If you have a federal warrant out for your arrest, you will have to conduct your search at the federal level, starting with the federal district court.

You may find inaccurate data or mistakes. But generally, if you see a warrant in your name online, it is likely to be valid.

If you conduct an Indiana warrant search and find out that you have a warrant, it is of utmost importance that you do not ignore the warrant. The courts tend to treat individuals who ignore warrants more harshly than those who take steps to resolve their warrants and criminal charges.

Warrants are not likely to go away on their own, but an experienced criminal defense attorney can do much for your case. In some cases, they can file a motion with the court to have the warrant recalled.

Although many are aware of their warrants, others are not. If you suspect that you may have an active warrant, it is important to verify whether you do or don’t to avoid embarrassment, hassle, and further criminal penalties.

At Stracci Law Group, our team of criminal defense attorneys is ready to help you settle your warrants and address other crime-related issues. Contact us today for assistance.

If you’re concerned about having a warrant out for your arrest, you should check right away. Fortunately, there are tons of free ways to find out without having to look into the dark web.

Most of this article focuses on how to run a free arrest warrant check on yourself. But this process applies equally well to looking for a suspected warrant on someone else.

This might seem like a no-brainer. But not all arrest warrants are issued because someone committed a high-caliber crime or because you’re just a “bad person.” You can have a warrant out because you did something as simple as forgetting to pay a parking ticket.

You can also have a warrant out for something like bouncing a check. Even if you didn’t mean to and never even knew it bounced.

As long as they can prove you did it or it’s a felony charge. Being suspected of a misdemeanor isn’t usually enough for an arrest warrant.

Additionally, if you don’t show up for court or pay a ticket, you may have a warrant. Even if you never knew you had court scheduled.

It’s not as difficult or unheard of as you’d think. So, again, you don’t need to commit murder to find yourself with a warrant.

In order to get an arrest warrant, police officers need to convince a judge that a crime was most likely committed. And the suspected crime was likely committed by the person they want a warrant for.

In order to make their case, an officer must submit an affidavit. The affidavit has to be signed under oath and contain enough facts to convince a neutral judge of probable cause.

Or that you likely tried to commit insurance fraud because your car that you couldn’t afford was conveniently totaled the day before it was supposed to be repoed. If they can convince a judge of these two things with an affidavit, then the judge will grant them an arrest warrant.

The judge, however, may put restrictions on the arrest warrant. Something like you can only be arrested between 6 a.m.

or you can’t be arrested if you’re at work. But this all depends on the severity of the crime.

Obtaining a warrant doesn’t usually take more than a day. However, it can take several days for a warrant to “hit the system” (the law’s archaic computer system, that is.).

There is no statute of limitations on the warrant itself once it’s been issued. But, occasionally, you can get out if it if the information on the warrant isn’t right.

Sometimes facts are misstated, incorrect, or otherwise don’t hold water. For example, the location could be wrong, the name on the warrant could be misspelled, or you can otherwise prove the warrant (at least as-is) isn’t for you.

Like they’re arresting you at 6:30 pm, which is outside of hours on the warrant. In an ideal scenario, police officers should show you your arrest warrant, but they don’t always.

But that also isn’t always the case. However, it should be noted that clerical errors aren’t enough to invalidate an arrest warrant.

But if it said 134 North St, when it was should be 1340 North Rd, that might do it. At least for now.

There are, however, some cases where running a check for an arrest warrant won’t help you.

The police may still hope to arrest you, it just won’t show up as a warrant. You should only be seriously concerned about this if you are involved in a serious crime.

They all revolve around probable cause.

It cost me $30, so you’re welcome. “Police, pastors, and lawyers are great to have – but you never want to invite one into your house.” Although it’s unlikely a criminal would do this, someone else who lives in the house could.

If you’re in this situation, you’re certainly not reading this article. Er, I hope not.

At which point, they don’t need a warrant to make the arrest, obviously.

This one is obvious, if someone’s in danger, the officer shouldn’t wait for a warrant to come through. The same is true for evidence.

If someone had evidence of their crime on their computer and the police thought they would destroy it, they don’t always need a warrant. But – more often than not – it’s more complex than that when it comes to evidence.

Okay, so we know when a warrant check won’t help, when it would, and why you should probably check. Even if you don’t think an arrest warrant should exist.

This part is so super important: almost no online database resources exist for free. If you want to look online for an arrest warrant, you’re unlikely to find one for free because.

But if that doesn’t deter you, that’s perfectly fine. Just don’t expect the arrest warrant search to be free online.

However, The Most Wanted is the only one we’ve found as far as databases are concerned. But there’s a huge catch: It’s only for warrants out in Indiana.

Now, if you think you might have warrants out in different states, you’ll need to Google every state and county that you think is a possibility.

Additionally, they’re the best option if you’re looking to find arrest warrants on someone else.

We’re not affiliated with these guys in any way, but I’ve used them to run checks on myself to see how accurate they are. And they miss some minor stuff (thankfully my current address is one), but they do pull up some creepy stuff.

And when they were, I was the plaintiff. They have relatively cheap trials that seem worth it(ish) to me if I was interested in looking this stuff up, but I whole-heartedly recommend not doing a whole month unless you’re just super nosey.

Okay, moving on….

But hear me out. Police stations are really one of the few places you can go where it’s quick, easy, and free to check.

A slightly safer – but still potentially sketchy option – is to have someone you trust go and ask a law enforcement official. Although, since it’s not public knowledge, they may not release this if they think you’re a flight risk or if your local laws don’t allow the release of that kind of information.

Although there is a chance that they may not give the information up over the phone. I don’t necessarily advise visiting or calling your in-town police department, but a police department in the same county should have the same level of access.

*Note: if you have a bench warrant out, you will likely be arrested on sight.

Though not entirely out of the question. Because, you know, there are usually cops there.

Unless you committed a serious crime, you should be fine* to walk out of the courthouse. Although you’ll be in for some social awkwardness.

But if you go out of the jurisdiction, they will usually charge you for the records. How much they charge depends on the courthouse and if you want it printed out.

Call a good defense lawyer. I would highly suggest paying for one.

And I can tell you the ones you pay and keep on retainer absolutely work the hardest. I have nothing against all my other lawyers (or nothing big enough to air here, anyway) but the lawyers that I kept on a hefty retainer were hands-down the best ones I had.

An arrest warrant is a legal document that directs and authorizes police to take a crime suspect into custody. If you have been arrested, the existence of a warrant is a good thing.

This is opposed to an arrest by a police officer who documents the reasons later.

An arrest warrant is issued after a person has been indicted or is the subject of a criminal complaint. A judge may issue a bench warrant after a suspect has allegedly done something that disrupts the business of the court, such as failing to appear for a hearing or not paying a fine.

Being arrested can have many negative ramifications beyond inconvenience and embarrassment. The defense attorneys of the Law Offices of Jonathan Marshall can help you defend yourself against charges contained in an arrest warrant.

Under New Jersey court rules, an arrest warrant may be issued in two ways: A New Jersey judge can execute a bench warrant when they have been informed that someone has failed to perform as ordered by the court.

A warrant directs law enforcement to arrest the designated individual and take them to jail or bring them before a judge. After an indictment, police will try to locate and arrest the suspect.

However, warrants are entered into computer databases as soon as they are issued, so police at traffic stops, street arrests, or domestic complaints can check for warrants and execute any found. An arrest warrant is a court order for the defendant to be taken into custody pending a first appearance in court.

For a petty disorderly persons offense, the defendant will be brought before the court issuing the warrant for the judge to determine the conditions of bail or release on personal recognizance. Defendants who are jailed on arrest or bench warrants must face a hearing within 48 hours of being taken into custody.

If a warrant has been issued in your name and the police can locate you, you can expect to be arrested and taken to court or jailed. Even if you have been arrested on a warrant that contains a technical error or deficiency, you can be legally held under New Jersey law.

If taken to court, the judge will assign a lawyer to protect your rights if you have not already obtained representation. When under arrest and being questioned, you should tell the police you want to cooperate but want to speak to your attorney first.

If you know you are about to be indicted or arrested, you should contact a criminal attorney who knows New Jersey criminal law. If you contact the Law Offices of Jonathan Marshall, one of our defense attorneys can promptly seek your release and negotiate the conditions of release.

Our goal as your attorneys will be to obtain a resolution to your case that preserves your freedom and your future. If you owe fines or have violated probation or parole requirements, we will negotiate for means to set things right that are as favorable to you as possible.

In cases of nonviolent first offenses, New Jersey offers probation and diversion programs that are helpful for some defendants. In other cases, it may be beneficial to plead guilty to lesser charges or to take your case to trial.

But regardless of the charges you face, prosecutors must prove their case beyond a reasonable doubt to obtain a conviction. We will make sure you have a robust legal defense that is your Constitutional right.

We will act promptly to seek your release from custody and prepare a defense that is aimed at the best available legal outcome for you. Don’t face New Jersey’s harsh criminal justice system on your own and risk costly fines, jail, and a permanent criminal record.

Marshall now for a free initial legal consultation.

Michael Steinberg – Colorado Criminal Defense Lawyer – Attorney. Colorado Criminal Law – When Can The Police Arrest Me Without A Warrant.

One way to understand and to fully employ your fundamental Constitutional rights is to understand the methods and procedures used by the police to arrest you under Colorado law. This article outlines the extent of the limits of the Colorado police power to arrest.

An arrest is an exercise of the government’s power to deprive a person of his or her liberty. It is the taking or keeping of a person in custody by legal authority, typically in response to a Colorado criminal charge.

An “investigatory stop” or “detention” is not legally considered to be an “arrest.” By definition it must be limited and temporary. It can last no longer than necessary to carry out the purpose of the stop or detention.

If and when that happens, the arrest must comply with the warrant requirements of the Fourth Amendment. While there is no “bright line” rule that clearly defines when an “investigatory stop” becomes an arrest.

The Courts will look at whether the police “acted with reasonable dispatch to quickly confirm or dispel the suspicions that initially induced the investigative detention.”. A police officer may arrest a person when:

When this situation happens – the “out of jurisdiction” police officer will notify the local law enforcement agency that has jurisdiction over the location and then release the arrested person to the custody of the local law enforcement agency. The out of jurisdiction officer will then complete a report that is used by the local law enforcement agency in completing their investigation.

That officer can require that person to show identification and ask for the following: If the suspect is, at the time, driving a motor vehicle, the officer may also ask for:

While the person does not have to reply, the law does not constitute an arrest. C.R.S.

Colorado law allows the police to “frisk” you if you have been stopped for questioning when there is evidence of risk to his or her personal safety…that is that the office reasonably suspects that the officer’s personal safety requires it. Only then may the officer conduct a limited search, or “frisk” by patting down your outer clothing for weapons.

The officer may remove any: If, and when, the frisk reveals an illegally possessed weapon, the officer may then arrest that person and conduct a full search of the person and the immediate area within the person’s reach.

If you found any of the information I have provided on this web page article helpful please click my Plus+1 or the Share buttons for Twitter and Facebook below so that others may also find it. The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777. Never stop fighting – never stop believing in yourself and your right to due process of law.

Michael will be at your side every step of the way – advocating for justice and the best possible result in your case. H.

His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case. ABOUT THE AUTHOR: H.

[email protected]. A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer. We encourage you to “vet” our firm.

Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. Putting more than 40 years of Colorado criminal defense experience to work for you.

Michael Steinberg welcomes your inquiry and do not charge for initial telephone consultations. H.

He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Criminal Law – When Can The Police Arrest Me Without A Warrant.

Please visit H. Michael Steinberg’s other websites for additional information on Colorado Violent Assault Crimes, Colorado Juvenile Crimes Law, Colorado Theft Crimes Law, Colorado Probation Violations, Colorado DUI/DWAI Laws, Colorado Criminal Drug Crimes Law, Colorado Criminal Sex Offense Crimes Law, Colorado Criminal Domestic Violence Laws, Colorado General Criminal Law and the Law Office of H.

For news and information about Colorado defense law, visit our Colorado Criminal Law Blog.

If you have a warrant out for your arrest, here’s how a criminal defense lawyer can help you. Contact us today to speak with an experienced criminal defense lawyer.

The most common ways are: Arrests take place for nearly all felonies at the time they are committed, if possible, and for some misdemeanors, such as DUI/DWI and public intoxication.

In other cases, a person may not be accused of a crime until hours, days, or weeks after the alleged crime occurred. When a person is not arrested or issued a summons at the time of the offense, the police will need an arrest warrant to take the suspect into custody.

However, in some cases, the police do disclose this information, or a person may otherwise learn that he or she is wanted by a particular jurisdiction. If you learn that you are wanted by a jurisdiction, you should first contact a criminal defense lawyer who practices in that area to ensure your rights are fully protected and you have the best defense moving forward.

Having a criminal defense lawyer who is familiar with your circumstances can give you an idea of whether you will be released or held in jail, based on the specific circumstances of your case. Familiarity with the jurisdiction will also be important, as each county’s jail processing and bond procedures differ.

After speaking with a criminal defense lawyer, the next step is typically to turn yourself into the jurisdiction in which you are wanted. Going to a different jurisdiction may delay your release.

Instead, a transportation order will be issued, and the suspect will be transported to the jurisdiction in which the charges are pending before release is addressed. If you are wanted out-of-state, you should contact criminal defense lawyers in both states to determine what needs to be done.

Depending on the type of charges and other factors, a magistrate may be able to set bond. However, some charges are considered particularly dangerous, such as:

If the magistrate does not, or cannot, set bond, it will be important to have a criminal defense lawyer ready to file a bond motion and family or friends ready to help provide support by posting the bond or hiring a bondsman (Bondsman typically charge a fee of 10% of the total bond, which is not refundable).

Anything stated to a police officer, or even a fellow inmate, could potentially be used against you. It is vital that no case-related statements be made over jail phones.

This can then become evidence in the government’s case. If it’s time to contact an attorney, call the trusted Fairfax criminal defense lawyer at Greenspun Shapiro PC by calling 703-352-0100 or by emailing us using the online contact form.

Your home is your most private and personal space. It’s where you and your family live and make memories.

Police raids seem to be happening more often lately according to the daily news reports and it’s leaving people fearful. If you wonder if your rights or property could be at risk during a police raid McClintock Law has three things you need to know if your home is ever raided.

You may wonder if the police need a search warrant to enter your house. Hopefully, this is information you may never need, however it is important to know the answer before the situation arises.

” in a way that feels like you do not have a choice. The good news is that the police have many restrictions about when they can search your home.

Under normal circumstances, law enforcement needs a search warrant to access your house. If the authorities say they want to search your home or property, you should first ask to see the search warrant.

It is important to note that there are some instances in which a search warrant is not needed. For example, in the case of a medical emergency, arrest, if illegal items are visible, or if you give consent, a search warrant may not be necessary.

This is another reason why you should hire the most experienced lawyer near you.

Stay level-headed anytime you are interacting with the police. Your demeanor can help avoid heightening a stressful situation into chaos.

If you discover that no search warrant has been issued, McClintock Law advises that you state clearly and calmly, “I do not give you consent to search my home.” Your lawyer, should you need one, will be able to defend you if the police proceed with the search without your consent on record. Staying calm and being clear is key however difficult it may be.

The third and most important thing you should do in the event of a search warrant is to know your rights. Just because the police are on your property does not give them the authority over your rights when executing a search warrant.

You can note any damage done to your home or possessions and file a report. In addition, you have the right to know who is in your home.

This allows you to have evidence of what has happened in your home keeping the authorities accountable.

the right to be silent. You don’t have to answer their questions even when the police are in your home.

At McClintock Law, we have experience helping people through difficult situations. While police raids may seem unlikely, we live in a time when it is possible.

Be aware of your rights and know what to do if the police raid your home or present you with a search warrant. If you find yourself in a tight spot, McClintock Law is here to ensure you get the best criminal defense.

You won’t be afraid to face the future when you have an experienced lawyer like Scott McClintock on your side.

If you are approached by the police, try to stay calm and keep your hands where they are visible. It is typically in your best interest not to argue or resist, but remember that you still have rights—especially the right to remain silent.

If you wish to exercise your right to remain silent, you must say so out loud. Even if you’ve done nothing wrong, remember that lying to the police is a crime, but remaining silent is not.

This doesn’t mean they won’t ask questions. If you feel inclined to volunteer any information, perhaps in an effort to be helpful, you may do so.

However, you’re not required to answer such questions and by doing so you’re effectively waiving your rights.

If so, you may go your own way. If they say you’re not free to go and either continue asking questions or detain you, again, stay calm.

If you are placed under arrest, it is your right to know what you are being arrested for. You may ask them what crime you are accused of committing.

If you feel that your rights are being violated, make it a point to note the details of your encounter in case you need to file a police misconduct claim later. You have the right to ask for the officers’ badge numbers and names.

If you are arrested, you have the right to call a lawyer without the police listening, and if you are a minor, a parent/guardian must be contacted. Generally speaking, only a judge has the legal authority to make you answer questions.

The police may not search you if you are not under arrest or if they lack a valid warrant. If you don’t consent to an unwarranted search and they do it anyway, anything they find—even if it’s incriminating—may be dismissed.

That said, the police may pat you down through your clothing (without a warrant or arrest) if they have reasonable suspicion that you’re carrying a weapon. This is one of those gray areas of law enforcement and has been a source of controversy and tension in many communities, since the rationale for a pat down typically comes down to the officer’s word versus that of the individual who was patted down.

Also, individuals consent to having their image taken by virtue of being in a public place (such as parks, streets, public sidewalks, and while participating in protests). This means you also have the right to record police interactions that don’t involve you personally, as long as you don’t interfere.

Law enforcement officers may not require you to delete your videos and pictures or demand that you relinquish your phone or camera without a valid warrant. That said, while recording images is a federally protected right, the recording of sound without the subjects’ consent varies by state.

If they request your recording device or tell you to stop recording, inform them of your rights. They may back off once they realize you know your rights.

If you are pulled over by the police while driving your car, it is important that you stay calm. Pull over as quickly as it is safe to do so, making sure you’re not obstructing traffic, and turn off your engine.

Passengers should also keep their hands visible. Since the police are prepared to respond at a moment’s notice if they fear they are in danger, it’s important to remain calm and avoid making any sudden movements.

Reaching into your pocket or glove compartment unannounced could cause an escalation. Make sure to memorize or write down badge or patrol car numbers and obtain witness contact information if you believe that your rights have been violated.

While the legal doctrine of “qualified immunity”—the requirement that officers may only be held liable for actions that violate “clearly established” federal law—makes it very difficult for civilians to prevail in lawsuits against the police, don’t let that stop you from reporting any misconduct that you experience.

Generally speaking, no. Police do not have to tell you why they are stopping you before asking for ID in a traffic stop, though it may be a standard practice in many areas.

That said, if taken to court, the police offer must provide their reason. If you feel you are being stopped unlawfully, it is within your rights to capture video of the encounter.

Practically speaking, it may be a good idea to comply if they make this request to avoid escalation. but it varies by situation.

“) or make polite small talk (e.g., “Good morning officer.”). If you are a passenger, you have the right to ask if you can leave.

Even if the reason for the stop is something minor, they may look around for signs of illegal activity or contraband as long as it’s in “plain view.” If the officers have reason to believe they are in imminent danger or they see evidence of a possible crime (such as blood splatter on the carseat), they may search the car.

If they ask you to open your trunk or glove compartment, however, you may decline unless they have a valid search warrant. That said, they may search your glove compartment if they have reason to believe you are concealing a weapon.

If you do not consent to a search and they search your vehicle anyway, any evidence they find may not be used against you.

Even if the officer delays your Miranda warning, you still have the right to remain silent.

When you’re arrested, the arresting officer will put you in handcuffs and search you on the spot. Then, they’ll likely place you in a patrol car or, if they’re on foot, call for backup.

The citation will indicate a specific charge or charges and the date on which you’re expected to appear in court. You may be in police custody for at least several hours, but you could be held in jail overnight or even over the weekend (before bail is set).

If you are illegally detained (meaning they have arrested you without probable cause), then you probably will want to file a police misconduct claim or contact a civil rights legal defense organization once it’s safe to do so.

Also, even if it was done without probable cause, resisting an illegal arrest could provide a measure of cover for the officer and make it more difficult for you to assert your rights later. Remember, it often comes down to your word versus that of the officer (although eyewitness video or a police body cam could be helpful in these scenarios).

Knowing this beforehand will help ensure that encounters with police don’t escalate toward violence or jeopardize your liberty. If you have additional questions or concerns about police encounters, talk to a lawyer.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm.

For legal advice, please ask a lawyer.