Legal Question in Criminal Law in New York
Arrested for a warrant, no record of arrest
My brother was arrested on Monday in NY. The police said that he had missed a court appearance for a cocaine charge.
He has NEVER been arrested in NY, especially not for that.
He has no bail, no lawyer, and no
court date.
My step-father went to the station to see what is going on.
Here is the proof of his innocence:
They have no paperwork, no
fingerprints, no photo, nothing signed by him. There is nothing that they have except for the warrant!
There is no evidence of an arrest! There never was one!
This is a nightmare.
I'm sorry. I've very upset!
Thanks in advance for any advice.
Could he file suit when all is over?
3 Answers from Attorneys
Re: Arrested for a warrant, no record of arrest
You need to hire an attorney to visit with your brother and begin investigating and fighting these charges.
James S. Kats, Esq. www.lawjsk.com
Re: Arrested for a warrant, no record of arrest
There must be something like a docket or indictment number or some type of pedigree information. Also, he may be able to sue if he is not involved. Be aware there is a 90 day period to file a notice of claim from the date of the arrest. I handle these type of cases - both the criminal and civil part - so feel free to contact me.
Re: Arrested for a warrant, no record of arrest
my office regularly handles both criminal cases and law suits for civil rights violations.
there are multiple things to look at -
you mentioned he had never been arrested in NY - this however may be an out of state warrant, you did not specify whether it was a NY warrant... on the warrant, there would be a charge of what wrongdoing was done, and in that would be included the description of the case (whether it be a docket or indictment #) and through this info you would be able to confirm the identity of the individual they are looking for and confirm if it is your brother.
A few things to mention, they REGULARLY make istakes such as these... if the names are simialr, HOWEVER, that being said once they run the finger prints that should in and of itself clarify the situation as to whether they have the wrong person... generally the fingerprint search only takes a few hours to complete and confirm. If, after this search they are still claiming it is him...
HIRE A LAWYER IMMEDIATELY! you should not wait any length of time before seeking an attorney, as it could mean the difference between freedom and clearing up this situation quickly or an unnecessary lengthy prison stay.
you may reach us at 877.229.3394 and selecting to speak to me, head attorney carlos gonzalez. or during regular business hours at 212.709.8303
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