Legal Question in Criminal Law in Arkansas

Re: Bench Warrant, Police Report, and Miranda Rights

I will try to answer the questions I can. Some answers depend on what court you are in and what the exact charge is.

1. A bench warrant can't be backdated to prejudice someone. It can be dated to when it was issued.

2. The police report may be reflecting the time it was actually filed and signed. The report can't reflect the wrong date for the alleged crime but it usually won't be written up, signed and filed on the same day as the incident.

3. I would have to look at the Miranda sheet that you signed. It was probably a Miranda waiver sheet, which, if signed, would be your willlingness to answer questions without a lawyer present. That would be different than signing a Miranda sheet that just said you understood your rights, not waiving one of them.

4. It depends on the type of case it is and whether it is state or federal court. Then a judge has to rule that the evidence was not discoverable at the time of the trial and would make a difference in the outcome now.

5. The police would need a reason to arrest the relative. They can arrest anyone that they believe is guilty of breaking a law. They can't arrest someone just to question them. They can bring a potential witness down to the station to question them. But, they may need to Miranda them before questioning, if they are a potential suspect.

There are other factors to some of these questions. I answered your questions rather generally. None of my answers are absolute. I would need more details to give you a clear answer. Hope this helped give you some idea of what you need.