Legal Question in Criminal Law in California
Search warrant resulting in arrest
A search warrant was issued, house searched and nothing found. Can one be arrested with an alleged possession/distribution of illegal substance charge if no such substance was found? Can one be arrested based soley on probable cause? Also, the individual arrested is on informal probation. Bail for the most recent arrest was set at 10,000. He made bail. I contacted the court for information on the arraingment and was told there are no charges but that he must appear for the bond. I don't understand why he was arrested if there are no charges.
3 Answers from Attorneys
Re: Search warrant resulting in arrest
Yes a person can be arrested if the police have probable cause to believe that a crime has been committed. Usually formal charges or a complaint is not filed by the DA with the Court until just before the arraingment, it depends upon the Court. Yes, he must appear or lose his bond and a bench warrant will be issued for his arrest. I highly recommend that you consult with an attorney in this matter. If you are in SoCal you can call me for a free consult at 818-998-1584
Re: Search warrant resulting in arrest
I agree with Mr. Norman. Additonally, you must understand that the purpose of an arraignment is only for the to inform an individual of pending criminal charges, nothing more. Depending upon the charges themselves and the circumstance, the court will determine whether an individual is to remain in custody or be set free. At the preliminary hearing the court will determine whether the case case has enough merit to continue to trial. Many of the issues you address are specficially part of the preliminary hearing. An attorney can help you prepare.
Re: Search warrant resulting in arrest
The charges are filed with court by the D. A. The D. A. receives and reviews the police report before drafting the charges. So he must appear and will at that time be told if any charges have been filed or not.
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