Legal Question in Criminal Law in California
we are waiting for the judge to sign the search warrant, when he does will they arrest my husband right away? and if so what happens to my child who may be with him?
3 Answers from Attorneys
There is no way to answer your questions, since you have told us nothing about what your husband allegedly did or about his and your relationships with your child. Please try again, but tell us enough about the case to help us understand what is going on.
Your question makes no sense at all. Sorry. the victims or complainants do not go with the detectives to get the warrant signed, which takea five minutes. If the jusge has nor signed it, he may not intend to. And people are nor arrested with search warrnts, that is an arrest warrant. You are at a forum where people seek help who hve been arrested, You are in fact the complainant looking for help with your law enforcement dealings, TO GET SOMEONE ARRESTED.
Wrong place, wrong questions.
A search warrant is not an arrest warrant. But, if grounds for arrest exist at the time of search, then arrest will be made. If someone is arrested while accompanied by a child, Social Services could be called to take the child into protective custody if there is no one else to take charge.
If he faces arrest, get an attorney now, and make sure the child is dealt with properly now.
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