my partner was picked up for violating parole, when the cops came to get him, they were scaring me, w/ all their guns drawn like we were some dangerous criminials. i wouldnt come down w/o fully being reassured that no one was going to get hurt. well after coaxing me out of the house, the officer stayed with me calming me down and just talking with me about why they are here. Well they arressted my partner, and never said to me anything like we'
re going to arrest you for ---- or you'll be recieving a ---- in the mail for breaking the law...... they never made me aware of any reason why i should have been concerned with having a warrent for my arrest put out on my person 5 months later. due to a routine traffic stop i was arrested unknowingly for this warrent that was issued may be less than 2 weeks prior to the stop. A warrent for obstructing justice on the date of my partners arrest ( 5 months prior) is this legal? can i fight it ? what can i do?
2006-10-27 11:45:16 · 10 answers · asked by Veronique 1 in Politics & Government ➔ Law Enforcement & Police
yes it is very legal, the DA after reviewing the officers statements can have decided ( esp during election years) that he needed to get tough on law breakers.
And yes they can file charges anytime upto the statue of limitation. And the officers at the scene may not have been aware they were latter going to press charges.
When and if police officers with guns come into your home and order you to come down stairs, you come down stairs, they will have to assume if you are up there you are armed and dagerous and not obeying thier orders. Honestly if any department I worked for, you would have been cuffed and hauled off at the time, so most likely the officers were trying to be nice and not arrest you, but thier supervisor or the DA decided to have the charges pressed, which is perfectly legal for them to do.
And on a on seroius warrant they don't have to notify you, and most likely you were down on the list of people to go find and arrest, and merley hold the warrant open till you are found on a traffic stop
2006-10-27 11:55:47 · answer #1 · answered by Anonymous · 3⤊ 0⤋
The D.A. (probably an ADA) looked at your behavior in the arrest reports, and decided you had broken the law also (I can think of several charges based on your story - like failure to comply with a lawful order, obstruction), they the decided they could use you in the case against your partner.
I would definitely get an attorney. Get one that specializes in criminal defense. If you use a public defender all they are going to do is try and get you to plead out.
What the D.A.'s office is probably going to do is tell you they will drop the charges against you in exchange for information on your partner. If you don't want to go to jail too, co-operate.
2006-11-01 17:18:47 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The DA in your case has a lot of authority to prosecute or decline to prosecute any case that comes before them. It sounds like that there was enough probable cause to issue the warrant for your arrest. You probably should seek an attorney and get a copy of the police report. If you did what you are being accused of, then be a man and take what's coming to you.
2006-10-31 09:24:24 · answer #3 · answered by Eddie 4 · 1⤊ 0⤋
That sounds pretty weird. Can't imagine that if this is exactly how things happened and you didn't attempt to hide your partner from them that they could. Call a lawyer immediately and tell them EVERYTHING! Be completely honest. Anything you tell your attorney in private is just like telling your priest or clergy member, it's privileged and they cannot repeat it. Different states (if you are in the US) have different laws regarding this. Again, a lawyer is your best source for what is going on with you.
Good luck!
2006-10-27 18:50:24 · answer #4 · answered by Anonymous · 1⤊ 0⤋
YES, you were wrongfully charged, BUT, SINCE THE PROSECUTORS make their own rules and laws you can be convicted , and unless you have the money for a good mouth piece you will be spending time in prison, a public pretender will most certainly get you convicted , that is what he is paid to do,
You probable wouldn't have heard any more about this except they probable need some more slave labor at the prison or UNI CORE which is a private corp, using prison slave labor paying 35cents per hour, Look at the prices they get for their furniture , mattresses , clothes, cabinets, etc, then you will understand why you got charged,
2006-10-27 18:58:11 · answer #5 · answered by jim ex marine offi, 3 · 1⤊ 2⤋
Its legal but according to you ii isnt true. you know the powers that be can put anything down about anybody because they have access to the FORMS. The bible says "These are blood thirsty men" so get yourself a lawyer quick I'll be praying for you and you better pray.
2006-11-02 11:47:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you were aware your partner was violating parole, and admitted it when he was arrested, then they have every right to charge you with obstruction. I would contact an attorney.
2006-10-27 18:54:31 · answer #7 · answered by missyhardt 4 · 1⤊ 0⤋
Yes..It is legal as long as the Statute of Limitations did not expire.Good luck.
2006-10-27 19:37:23 · answer #8 · answered by John G 5 · 1⤊ 0⤋
warrants are commonly generated later for charges that you were not initaly arrested for. this is legal.
2006-10-31 00:17:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Get lawyer.
2006-10-27 18:50:36 · answer #10 · answered by Meow the cat 4 · 1⤊ 0⤋