Legal Question in Criminal Law in California

what is the likelyness that if I was arrested on a false warrent that my case will be thrown out?


Asked on 6/22/11, 11:23 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It is not clear what you mean when you state the warrant is false. If the arrest warrant was for another person, and someone else is being charged with a crime, you should have been discharged and released immediately, but that doesn't mean the case gets dismissed. The case would go forward against the true defendant.

Read more
Answered on 6/23/11, 8:26 am
Terry A. Nelson Nelson & Lawless

Nil. A corrected warrant could be issued and you rearrested before your dismissal motion was heard. But, you might have grounds for an evidence suppression motion that could affect the case ultimate outcome.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I

Read more
Answered on 6/23/11, 3:40 pm


Related Questions & Answers

More Criminal Law questions and answers in California