Legal Question in Criminal Law in Maryland

Warrant Issued without Properly ID'ing the person the warrant was issued for
I have a friend named Travis who has a warrant out for his arrest for a crime he didn't commit. His brother was cited for trespassing late in 2008, and gave Travis' information to the cops. Travis' brother was on probation at the time and didn't want to end up in jail. The cops took him for his word and never actually verified his ID. His brother's court date just recently passed and he didn't not appear. So Travis received a letter in mail saying that his is due to be arrested on site, and to turn himself in. When he called the criminal court they said, this happens sometimes, and that he would need to turn himself in to clear his name. They said he would spend a night in jail, and may need to post bond.

My question is two parts. First, I thought that if some one is cited for a crime and aren't able to provide ID, that the cops are required to hold him until they can verify ID. Second, can Travis LEGALLY be arrested even though proper ID was never procured from the real criminal? If that was the case, then anybody could put anyone else in a bind, and cause then to have to do a night in jail, just by mentioning their name. The matter is still pending so any laws or rights that can be cited for his protection is a plus. Thanx

Asked on 7/12/09, 6:17 pm

2 Answers from Attorneys

Jason Cleckner Law Office of Jason Cleckner, LLC

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Re: Warrant Issued without Properly ID'ing the person the warrant was issued for

Unfortunately there is often some very sloppy police work out there. The short answer is that he should get a lawyer to file a motion with the Court, get a new trial date, and then appear to clear his name. His brother, of course, should be paying for all of this.

Answered on 7/12/09, 6:28 pm

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