How can someone get a warrant in the mail just because someone says he was in the area? 7 Answers as of January 04, 2012

My husband went to pick up his mother at her sisters house in another town. The house across from my husband's Aunt's house was burglarized. The owner of the house that got burglarized, had some workers doing work to her house that day also, when she discovered the missing items she asked her workers about it. they told her that they had seen my husband across the street that day, so the home owner went to my husband's aunts houses and asked my husband's cousin who he was, his cousin gave her his name. The first thing we ever learned of it was the day my husband got a warrant for his arrest in the mail for burglary and possession of stolen property. the police said that the items taken were hocked that same day. and that they had evidence, which is bogus because my husband is innocent, it seems they don't have any. they said a signature. It isn't my husband's. We have phone records of my husband on the phone in our town at the time of the burglary. There are several other people who could be suspects how ever their convinced he did it. How can someone get a warrant in the mail just because someone says he was in the area?

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Hammerschmidt Broughton Law | Mark A. Broughton
The police investigated a reported crime, and sent their reports to the DA who decided to file charges. Interesting that they didn't try to talk to your husband first; do not talk to the police without a lawyer, no matter what they tell him! Also interesting, if not provocative, that a warrant came in the mail for what appears to be a residential burglary - a strike offense. Weak cases are filed all the time, unfortunately. Innocent people are charged with crimes, and some get convicted. But cases are rejected or dismissed by the DA, too, especially when faced with facts that show a reasonable doubt in the truth of the charges; they don't want to take a case to trial they cannot win. Your husband will have his day in court. He will have a better chance if you hire a good criminal defense attorney. Chances are he will be able to show the DA the problems with the case, or his innocence.
Answer Applies to: California
Replied: 1/4/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It's not a warrant in a mail. A warrant was issued, and the mail is simply a courtesy notice that one has been issued. And, to answer your question, the answer is yes, and your husband is living proof because he does indeed have a warrant. The thing to do now is to hire an attorney before he incriminates himself by talking to the wrong people, especially law enforcement. Please don't think he can simply "talk" his way out of this mess.
Answer Applies to: California
Replied: 1/4/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I doubt what came in the mail is a warrant. Probably a notice by letter that a complaint was filed and giving him a date to appear. Hire an attorney and go to court.
Answer Applies to: California
Replied: 1/4/2012
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
It is not a warrant it is a summons to come and answer charges. The evidence seems pretty weak. He should hire an experienced criminal attorney.
Answer Applies to: Illinois
Replied: 1/4/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
This is a totally bogus case. Get a good lawyer or get the Public Defender. This is winable.
Answer Applies to: California
Replied: 1/4/2012
Rizio & Nelson
Rizio & Nelson | John W. Bussman
A warrant can issue upon some showing of probable cause. Based on the evidence that was presented to the magistrate, it was determined that there is a good reason to suspect that a crime has been committed and that your husband was involved. If your husband had nothing to do with the incident, you should hire an attorney as soon as possible. Residential burglary is a serious offense. Don't talk to anybody about the case and definitely don't post details online.
Answer Applies to: California
Replied: 1/4/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
Typically presence in an area alone will not raise probable cause to issue a warrant. However, in some instances this could be enough. To issue a warrant the police need probable cause.
Answer Applies to: California
Replied: 1/4/2012
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