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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 02-20-2005, 11:52 AM
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NEED ADVICE, Arrest Warrant in Indiana


What is the name of your state? Indiana

Ill start by telling the whole story so i you can get a better understanding of what's really going on.

Last year in Sept. 03, I was charged with possession of marijuana and minor consumption. Both are misdemeanor charges. At this point, I was attending Purdue University in West Lafayette, and charged by the West Lafayette Police Dept. I then proceeded to do a diversion program, in which my probation consisted of various fines, 80 hrs. of community service, random drug tests, and alcohol and drug classes. I attended all my court dates, completed all the community service, passed all drug tests, complete my classes, and paid all the fines. Court services then gave me a complete list of paperwork showing my completion of all these things and I turned them in to the courthouse. They then assigned me another courtdate, which was supposed to be my final court date. It was scheduled for Jan. 05.

Last semester in the fall of 04, I wasn't doing too well with my plan of study and decided that it would be best for me to continue my college study in Chicago, where I am originally from. So I moved out mid semester, and returned to Chicago. While all this was happening, I accidentally forgot that I still had a court date that i was to attend in Jan. I know it sounds stupid, but i was assigned the court date in July, and it slipped my mind and my schedule.

A few weeks ago, my roommate informed me that the police came to the apartment where i lived while attending Purdue. He said that there was an arrest warrant against me, and i called the W. Lafayette Police Dept. to confirm it.

What i need to know is, what is the best action i should take to resolve this problem? Like I previously stated, I have completed all the things involved with my probation, and I am sure the warrant was put out because of my missed courtdate. I am currently going to a community college in Chicago, and my parents know that I was charged with alcohol, but they don't know about the marijuana and the arrest warrant. I know that i should tell them, but they might stop funding my education and/or kick me out of their house. I need to know how to resolve this without spending a night in jail, because I have school and other things; my parents wouldn't approve of me going to Purdue unless I have a good reason. Is there a way i can talk to my prosecuting attorney so i can settle things for the time being, then when i have time to go up (like during spring break), i can end my probation in court?

Since i am currently in Illinois, will this arrest warrant affect me in case I get pulled over by the police?

Last edited by FireBeatz; 02-20-2005 at 03:39 PM. Reason: error in my story
  #2  
Old 02-20-2005, 03:54 PM
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It all depends. If the originating agency (W. Lafayette PD) decides that they want to pick you up, then even if you are caught in Illinois, you might end up going to jail if an agency in Illinois runs your driver's license and finds the warrant. A lot of times, when a police department issues a warrant, when they enter it into the data base (computer database that connects your warrant with your driver's license), they also tag it to note whether or not they will pick you up depending on the distance. For example, W. Lafayette PD might decide that they will pick you up if found in their jurisdiction and/or surrounding counties only. Sometimes they will note that they will pick you up statewide. Other times, they will pick you up regardless of where you are found. You would have to call them to decide how far they are willing to go to pick you up.

Even if they decide not to pick you up if found in Illinois, the agencies entering the warrants don't always make the notation for that or they make the notation and then change their minds. So, even if you are stopped in Illinois, you could get detained or taken in until they determine what the agency wants to do with you. They will usually make that determination rather quickly, but I have seen it take longer. Your best bet is to call the court and/or prosecutor's office in West Lafayette and find out how to clear the whole thing up.
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  #3  
Old 02-20-2005, 06:48 PM
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Any advice on how to I should go about getting this fixed. I called the courthouse, and they said i couldn't speak to my prosecuting attorney outside of court.
  #4  
Old 02-20-2005, 07:53 PM
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Q: Like I previously stated, I have completed all the things involved with my probation, and I am sure the warrant was put out because of my missed courtdate.

A: You are correct in that the warrant was issued for failure to appear in court; you are incorrect in that you have completed all the things involved with your probation because you failed to appear for court.



Q: What i need to know is, what is the best action i should take to resolve this problem?

A: Surrender in West Lafayette, IN at the sheriff's office.
  #5  
Old 02-20-2005, 08:10 PM
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would surrendering necessarily involve spending time in jail?
  #6  
Old 02-20-2005, 08:20 PM
seniorjudge
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Q: Would surrendering necessarily involve spending time in jail?

A: It's very likely; you have already chosen to be a poor risk for showing up when you're supposed to.
  #7  
Old 02-20-2005, 08:26 PM
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Is it ever possible to pay your own bail when you turn yourself in? And when you say jail, do you mean an overnight, or in jail until your courtdate?
  #8  
Old 02-21-2005, 08:17 AM
seniorjudge
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Q: Is it ever possible to pay your own bail when you turn yourself in?
A: Yes, if bail is granted. Oftentimes, in a probation violation, you are held without bail until the hearing.

Q: And when you say jail, do you mean an overnight, or in jail until your courtdate?
A: I have no way of knowing the answer to this question.
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