Is law enforcement required to make reasonable efforts to enforce an arrest warrant? 6 Answers as of April 09, 2012
I read online that a warrant can be contested, and possibly removed if law enforcement doesn't make reasonable efforts to enforce it. Is this accurate?? What if they have a valid address? Or make contact and don't arrest you? I had officers come to my home regarding an incident and they simply told me to make sure I took care of it.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of Peter F. Goldscheider | Peter Goldscheider
If they do not execute a warrant in a timely fashion the case is subject to being dismissed for lack of a speedy trial. Nothing can be done until the matter is brought to court.
Answer Applies to: California
Replied: 4/9/2012
Attorney at Law | Ernest Krause
You're asking them to take you to jail? Since the officers didn't think your matter was a big deal call the police department to get a copy of the warrant and any supporting documents. Someone is claiming you committed a crime, violated an Order (e.g. DV), failed to appear somewhere at the right time. Go the court clerk for all details. You can contest the legality or whether the facts alleged actually occurred. A judicial officer will eventually deal with it.
Answer Applies to: California
Replied: 2/8/2012
The Law Offices of Christopher J. McCann | Christopher J. McCann
If a warrant is out for a person's arrest, but no efforts are made to enforce it for a substantial period of time, i.e., there is a delay in prosecution, that person, once arrested, can argue that the delay prejudiced their case, their ability to defend themselves, and therefore violated their due process rights to a fair trial, and the case should be dismissed. It is more complicated than that as it depends on the type of crime (felony or misdemeanor), the defendant's actions, the efforts made to prosecute, and the length of time, among other considerations.
Answer Applies to: California
Replied: 2/8/2012
The Law Office of Stephanie M. Arrache | Stephanie Arrache
Police officers are required to make reasonable efforts to execute a valid arrest warrant. The longer they wait, the better your chances for getting charges dismissed. The fact that you know there is a warrant does not necessarily mean you have to turn yourself in. You should probably consult an attorney on what to do.
Answer Applies to: California
Replied: 2/8/2012
Hammerschmidt Broughton Law | Mark A. Broughton
Like most legal questions, there's no straight answer. But generally, if your arrest warrant is for a minor offense (such as a misdemeanor or failure to appear on a traffic citation), because of the State and local government budget mess, police are no longer arresting people for these warrants, with some exceptions (Domestic Violence or DUI, for instance). They will notify you to take care of it, and hopefully you will. In addition, DMV now suspends the drivers licenses for those with warrants or outstanding fines/fees. This usually gets someone's attention. At some point, however, anyone could be arrested for any outstanding warrant. If the cops have told you on several occasions to take care of your warrant and you haven't they will make sure you do - by putting on the cuffs and marching you off to the judge. Best advice, take care of your warrant. See a lawyer if you want more specific advice on your particular situation.
Answer Applies to: California
Replied: 2/8/2012
Law Office of Jeff Yeh | Jeff Yeh
You need to hire an attorney to file what is called a "Serna" motion. Reasonably efforts is required, but if you have a bad lawyer your Serna motion may nevertheless be denied.
Answer Applies to: California
Replied: 2/8/2012






