Are police legally obligated to make every effort to enforce warrants? 4 Answers as of February 13, 2012

I had a couple of misdemeanor warrants, and was served with a restraining order. The serving officer called me after not being able to reach me physically. He stated to me he wasn't going to arrest me for my warrants or anything, just wanted to deliver something to me. I was arrested twice after that and always released from custody for medical reasons. Should or can I still be subject to arrest for the same things I was in their custody for?

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Law Office of Peter F. Goldscheider | Peter Goldscheider

As long as a warrant is out you are subject to arrest. An officer has the discretion not to execute it immediately depending on the circumstances, i.e. the minor nature of the offense, the person is ill or in the hospital etc. My advice is to surrender on the warrant preferably through an attorney or get it on the court calendar ASAP to avoid arrest.

Answer Applies to: California

Replied: 2/13/2012

Law Office of Jeff Yeh | Jeff Yeh

No. It is discretionary on the police's part. And yes, you can be arrested for the same things over and over again as long as it hasn't been resolved.

Answer Applies to: California

Replied: 2/13/2012

Law Office of Eric Sterkenburg | Eric Sterkenburg

Any time there is a valid warrant for you any police officer can and should arrest you. The only way you can stop this is to have the judge that issued the warrant recall it.

Answer Applies to: California

Replied: 2/13/2012