Legal Question in Criminal Law in Florida

Warrant

What is a warrant?


Asked on 11/13/07, 3:40 pm

1 Answer from Attorneys

Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Warrant

WARRANT

A warrant is a written order usually issued by a judge or court clerk and given to a law enforcement agency (sheriff, marshal, local officer of the peace and constable). The most common types are search warrants and arrest warrants.

ARREST

You may be arrested for an alleged violation of civil or criminal law. A criminal arrest is most often accomplished by presenting an arrest warrant but any one can exercise their right to make a �citizen�s arrest� without a warrant if they witness you committing an alleged felony. Please note that you have the right to immediate counsel regardless of the circumstances surrounding your arrest.

SEARCH WARRANT

A search warrant is a written order by an official of a court authorizing an officer to search a specific place for specific objects and to seize them if found. Your Fourth Amendment rights guarantee that a search warrant may only be issued on oath or affirmation that a crime was probably committed. The U.S. Supreme Court does not recognize evidence presented if it was obtained without a proper search warrant.

INDICTMENT

An indictment is a formal written accusation naming specific persons and crimes. An indictment may be issued by a grand jury if they determine that the evidence presented to them is sufficient to support the charges brought against you.

The Fifth Amendment to the U.S. Constitution safeguards your right to a preliminary hearing by a grand jury in major federal cases. The U.S. Constitution stipulates that no person may be tried in a federal court for a serious offense without a formal indictment, but beware that less than 50% of the states honor your constitutional right to a preliminary hearing. Make sure that your attorney insists on your Fifth Amendment rights.

CALL TODAY:

Attorney Edward J. Chandler, Esq.

708 E. Atlantic Blvd.

Pompano Beach Fl 33060

TEL: (954) 788-1355

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Answered on 12/31/69, 7:00 pm


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