Arrest warrants and blackmail

[Earthmother]

What is the name of your state? WV. No trolls, no illiterate hillbilly jokes, please.

Supposing that an arrest warrant is obtained using statements from an individual who can later be proven to have threatened to blackmail the individual who was served the warrant. The arrest warrant would be concrete proof that the person had followed thru with their blackmail threat.

Then supposing it could be proved that the one who issued the original blackmail threat had great influence on the other individual who also made statements used to obtain the warrant.

What effect might this have on the validity of the warrant?

 

[BelizeBreeze]

what are the REAL facts?

 

[Earthmother]

OK. Someone was served with an arrest warrant. The charges stemmed from an incident which happened a year and a half ago. This is a conspiracy charge. Two of the three individuals charged in the conspiracy are now in jail. One of those individuals, shortly after going to jail, wrote a letter to the one who was just served with the warrant. The letter stated, in a nutshell, "...either you find a way to get me bailed out of jail right now or I will tell the police you were the one they should have arrested, send the police to your house, etc, etc..."
As a side note, the letter writer also insisted his total innocence in the matter, but later pled guilty and was sentenced.

I am assuming that a letter of that nature would be considered blackmail.

The letter was ignored. Well over a year later, the conspiracy warrant is served. It states in black and white that a signed statement made by the individual who wrote the blackmail letter was part of the evidence used in obtaining this warrant.

The other individual who signed a statement also used on the warrant can be proved to be heavily influence by the blackmailer as well, altho not in black and white, but with proper testimony from witnesses.

No more details should be necessary. I am wondering if this blackmail letter could have an effect on the validity of the warrant or the validity the written statements contained in the warrant. What might the judge do once this information surfaces?

 

[BelizeBreeze]

OK. Someone was served with an arrest warrant. The charges stemmed from an incident which happened a year and a half ago. This is a conspiracy charge. Two of the three individuals charged in the conspiracy are now in jail. One of those individuals, shortly after going to jail, wrote a letter to the one who was just served with the warrant. The letter stated, in a nutshell, "...either you find a way to get me bailed out of jail right now or I will tell the police you were the one they should have arrested, send the police to your house, etc, etc..."
As a side note, the letter writer also insisted his total innocence in the matter, but later pled guilty and was sentenced.

I am assuming that a letter of that nature would be considered blackmail.

The letter was ignored. Well over a year later, the conspiracy warrant is served. It states in black and white that a signed statement made by the individual who wrote the blackmail letter was part of the evidence used in obtaining this warrant.

The other individual who signed a statement also used on the warrant can be proved to be heavily influence by the blackmailer as well, altho not in black and white, but with proper testimony from witnesses.

No more details should be necessary. I am wondering if this blackmail letter could have an effect on the validity of the warrant or the validity the written statements contained in the warrant. What might the judge do once this information surfaces?

First of all, when you ask for help, do NOT tell those you ask what details are necessary. We will make that determination.

Next, the arrested person's attorney will be able to determine if this 'letter' is of sufficient value as to impeach the testimony on which the warrant is based. Also, the attorney will be able to question witnesses as to the veracity of the second witness's sworn statement .

There is no way to know what a judge might or might not do but this 'person' needs to ask for a court appointed attorney should they not have the funds to hire their own.

The VALIDITY of the warrant is not in question. A warrant will issue when there is sufficient evidence of a crime. There is that. Whether or not that 'evidence' will stand up in court is a matter already discussed.