Are police obligated to make every reasonable effort to enforce warrants? 5 Answers as of February 15, 2012
I have 2 misdemeanor warrants. I have been picked up by police since, and released for medical reasons. I've also been served with no contact orders and told not to worry, I wouldn't be arrested but they had something to give me. Should they be able to keep picking me up on the same warrants? Are they not obligated to make an effort to enforce the warrant being that they always had my current address?Free Case Evaluation by a Local Lawyer!
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Dennis Roberts, a P.C. | Dennis Roberts
Yes. And if a year goes by and they haven't arrested you and they have your address they are out of luck - the case will be thrown out.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Peter F. Goldscheider | Peter Goldscheider
Once you are picked up on a warrant and given a court date to appear, the warrant is no longer active. If you do not make the court date or they release you without your posting bail or going to court the warrant remains active and you can be re-arrested.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Tracey S. Sang | Tracey Sang
It is a weird situation you describe, but the bottom line is they have been giving you a break by not keeping you in jail. The police are not obligated to enforce warrants - often warrants go unexecuted for years. It just depends how busy or motivated they are.
Answer Applies to: California
Replied: 2/15/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Why don't you just appear in court and clear the warrants. The cops are enforcing the arrest/bench warrant by arresting you.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Jeff Yeh | Jeff Yeh
It is completely discretionary on their part, and lack of enforcement actually helps you many years later when you hire an attorney to file a Serna motion for dismissal.
Answer Applies to: California
Replied: 2/15/2012
