Legal Question in Criminal Law in Virginia

My girlfriend was arrested earlier today for a warrant on charges on obstruction of justice because she had refused to give up my name over the phone to an officer who was investigating an incident that involved her motorcycle however she nor I was on the motorcycle at the time of this incident. She called me immediatley after the officer called her and i told her to give him my name, then called him back to give it to him. After the officer became upset at the fact that she didnt know who was on the motorcycle, he threatened her with a charge of obstruction. Mind you none of this occurred face to face, or even in a formal interrogation. All over the phone and at no time did the officer state her miranda rights or tell her that she didnt have to speak with him. After refusing to come to the police station without a warrant he issued one to arrest her in our home in a different city, however the city officers that arrested her escorted her from the apartment into the parking lot before even having a copy of the warrant in the office, no warrants were shown before the arrest only claims that they had one. Can she beat this?

Asked on 6/11/15, 10:26 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, it would seem certainly possible provided she's represented by the right criminal defense counsel (my opinion).

Answered on 6/12/15, 9:44 am

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