Legal Question in Criminal Law in New Jersey
My brother in law had a arrest warrant issued for him and was arrested for terroristic threats with a fire arm and felony aggravated assault . he is in jail on a 35,000 cash bail. His 20 year old daughters boyfriend had hit her and he showed up at my brother in laws house around 8 pm, his daughter and her boyfriend where outside arguing and my brother in law ran outside and allegedly pulled a gun out and cocked it then pointed at the boyfriend and threatened him. The boyfriend had a anther 20 year old male with him. The two 20 year old males went to the police station and reported it. police came to the house and investigated and left. two other adults at the house said they did not see a gun and my brother in law claims he did not have a gun on him. he does have a permit and a gun in a safe. The police came back around 1 am with a warrant for my brother in law and had him open the safe and took the gun. This happened in New Jersey. his daughters now x boyfriend claims they have a video of the entire incident. Would the two boys word be enough to obtain a arrest warrant in the middle of the night?
4 Answers from Attorneys
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You asked whether the two boys word was enough to obtain an arrest warrant in the middle of the night? The answer is yes, it is possible for the police to obtain a warrant on short notice on the word of a complaining witness who lays out probable cause. In this instance, according to your account, the complaining witnesses had a video to bolster their story.
THIS IS A VERY SERIOUS CASE, WITH COMPLICATED ISSUES. It carries mandatory prison time. Don't talk about the case online. Make sure your brother gets the best attorney he possibly can. You may contact me for a referral.
As long as the police have probable cause for an arrest warrant to be issued it does not matter what time of day it is served. Your brother in law needs a criminal defense attorney to represent him. Please call my office to discuss this. Thank you.
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