Legal Question in Criminal Law in New York

Arrested for a warrant, no record of arrest...Update...sealed indictment

I previously wrote about my brother. He was arrested for a warrant, for failure to appear to court, for a cocaine charge.

He hasn't ever been arrested before that day.

We finally found out that he just had a warrant on him. The case is a sealed indictment. He had indeed never been arrested. So how could he fail to appear?

WHAT DOES THAT MEAN? - sealed indictment?

The police gave us a scenario. They said that drugs may have been found in his house or car, but he wasn't there at the time.

I explained to it to my brother. I knew that he wouldn't lie to me. He has special needs, and he would have called me in any time of need, just like he did this past Monday. Therefore, I knew that he has never been arrested.

Once I told him what the police told us, he said that the only thing that ever happened with him in NY was this:

They pulled him over. He was giving a guy a ride home. He said that they did arrest the guy. He said that they found cocaine in the guy's pocket. They checked my brother and his car. He was clean and they let him.

Could this have something to do with that?

That could be the only thing

Thanks again in advance.

Thanks for the previous advice.


Asked on 7/12/08, 2:53 am

4 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Arrested for a warrant, no record of arrest...Update...sealed indictment

The charges and the consequences of those charges are serious and therefore it would be in the best interest of your brother to consult with a competent,experienced criminal defense attorney. I handle matters such as these and would be happy to scheduale such a consultation. Contact my office27188340087 to make arrangements.

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Answered on 7/13/08, 10:57 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Arrested for a warrant, no record of arrest...Update...sealed indictment

Indictment is sealed in the sense it is 'closed' not openable for investigation...

there may have been an arrest warrant issued for him on the testimony on the other person from the arrest, which may have implicated him... that is the only thing that makes sense in such a scenario - UNLESS, which is a huge leap, the man arrested had no prior record and when arrested used your brothers name, the problem with that is this - once your brother is fingerprinted it would hten be obvious it is not him! -

much luck with the situation

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Answered on 7/12/08, 10:57 am
James Kats James S. Kats, Esq.

Re: Arrested for a warrant, no record of arrest...Update...sealed indictment

Indictments are usually sealed when there are several defendants and the police and DA can't arrest all of them right away and don't want the others to learn of the charges. That doesn't seem to apply in this case. They may have decided to proceed to an indictment without giving your brother a chance to testify.

In any event, your brother's lawyer should be able to get to the bottom of this. He needs to aggressively fight these charges. You can see how ruthless the prosecution can be.

James S. Kats, Esq. www.lawjsk.com

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Answered on 7/13/08, 5:14 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Arrested for a warrant, no record of arrest...Update...sealed indictment

Your brother should retain an attorney to represent him during the process. These charges have the potential to be quite serious and he should not be attempting to resolve this issue without the assistance of a legal representative.

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Answered on 7/12/08, 5:51 pm


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