Nov 30, 2017 Tips when arrested on an open warrant – Part 3 by a Fairfax criminal lawyer
Fairfax criminal lawyer warns against criminal charges being compounded by possessing contraband when arrested
As a Fairfax criminal lawyer, I pity the criminal defendant arrested on an open warrant while carrying or near illegal drugs or other contraband, which compounds the criminal charges to be faced by the defendant.
Tips from Fairfax criminal lawyer on asserting your rights
Police often love the opportunity to arrest on an open warrant as an opportunity to question the defendant about the current case and any other criminal investigation. People always have the right to remain silent with police and to orally refuse searches. Not asserting these rights can be at the defendant’s own peril.
Fairfax criminal lawyer’s tips about police snooping into cellphones and phone calls
Police and prosecutors also love arrests as an opportunity to listen to arrestees’ post-arrest phone calls while in custody, and to get their cellphone passwords if the arrestee asks for a phone number from their cellphone for calling a family member or friend to get a lawyer or to pay bond. Be very cautious on both counts as an arrestee.
Tips on asserting innocence and and insisting on mistaken identity
What if the defendant facing or arrested on an open warrant believes s/he is innocent or that mistaken identity is involved? (For instance, sometimes failure to appear in court is by a person who, when first arrested, gave their name as someone else’s, or the defendant may have a name and birthdate matching a wanted person.) Mistaken identity is a ground both to seek to withdraw or quash the bench warrant and to challenge the identity element in subsequent court proceeding.
If arrested out-of-state on an open arrest warrant, the defendant has a choice to contest or not contest extradition to the state where the prosecution was initiated. Contesting extradition can delay the process of being able to be eligible to obtain pretrial release. Ideally, the person arrested on an open warrant will obtain the services of a qualified lawyer.
Fairfax criminal lawyer urges challenging international extradition tooth and nail
If a person is facing an effort to extradite him or her overseas, that must be fought tooth and nail, because at least with efforts to extradite a person from the United States to other countries, numerous arguments often apply to challenge international extradition.
Fairfax criminal lawyer Jon Katz is top-rated by key lawyer raters AVVO and Martindale-Hubbell. To discuss your case with Jon, please call his staff at 703-383-1100, to schedule a confidential consultation.