Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-19-2006, 04:18 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10

warrant


What is the name of your state? minnesota

what information do the courts need to have to make an arrest warrant made out for you?? like what kind of evidence is needed before they can make a warrant for your arrest??? or do they need any evidence?? is someone saying you did something but not having proof enough for the courts to put out a warrant for your arrest??
  #2  
Old 10-19-2006, 05:13 AM
Senior Member
 
Join Date: Feb 2005
Posts: 4,311
They have to be reasonably sure that you are guilty of the offense, and must be able to convince a judge of that so that he can sign the warrant. It's too big of a grey area for anybody to give you any sort of definite answer.

That being said, I think you need to share some more details.
  #3  
Old 10-20-2006, 02:59 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10
they said i took money from someones purse and took a bag of cash from this business... the only thing they have is what people think there is no video tape evidence or anything
  #4  
Old 10-20-2006, 05:12 AM
Senior Member
 
Join Date: Feb 2005
Posts: 4,311
Well they can arrest you for that. Whether or not they would win in trial is a completely separate issue.
  #5  
Old 10-20-2006, 01:32 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,460
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Before a warrant will issue there must be articulable probable cause to believe that a crime had been committed and that the person in question committed the crime. Whether that burden of proof can be supported by speculation alone is doubtful. A person who witnessed the incident or overheard something significant about the incident might be sufficient to establish P.C.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #6  
Old 10-21-2006, 02:30 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10
can they make a warrant out with out having any witnesses or any tape records of me "doing it"... all they have is people saying they think i did it without any evidence to prove so..
  #7  
Old 10-21-2006, 07:00 AM
Senior Member
 
Join Date: Feb 2005
Posts: 4,311
Quote:
Originally Posted by shipit View Post
can they make a warrant out with out having any witnesses or any tape records of me "doing it"... all they have is people saying they think i did it without any evidence to prove so..
They have to be able to convince a judge that they have enough evidence to reasonably assume that you committed a crime. If a judge can be convinced of that, then he will sign the warrant. A warrant does not decide guilty, that's what the trial is for.
  #8  
Old 10-21-2006, 04:57 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,460
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
The issue will then become WHY they think you did it? Did you tell someone? Did you suddenly fall into money at the same time the money was stolen? Did you bag about it? Were you seen with a similar bag?

It is entirely possible that a series of observations and comments could give rise to sufficient cause to convince a judge to sign an arrest warrant. In some states warrants are sworn out under oath by victims in which case a warrant could be issued with lesser cause, but the person swearing out the warrant could be liable for damages in the event of a false arrest.

You might consider consulting an attorney ... or are they just picking on you for no reason?

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #9  
Old 10-21-2006, 07:36 PM
Junior Member
 
Join Date: Oct 2006
Posts: 10
they think it is me cause i'm kinda of the new person to the group... otherwise there is no evidence that i did it other then that they think i did it
  #10  
Old 10-22-2006, 03:05 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,460
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by shipit
they think it is me cause i'm kinda of the new person to the group... otherwise there is no evidence that i did it other then that they think i did it
Then you probably have nothing to worry about.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #11  
Old 10-23-2006, 12:06 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10
so ppl saying i did it without having proof or witnesses being able to confirm that i did it isn't enough to put out a warrant for my arrest?? the dude that said i took the money from the business said it had to be me cause i was one of a few ppl that came into his work... if they did make a warrant wouldn't they have to make one out for everyone that came into his work?? cause they have no clue who did it.

Last edited by shipit; 10-23-2006 at 12:10 AM.
  #12  
Old 10-23-2006, 12:09 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,460
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by shipit
so ppl saying i did it without having proof or witnesses being able to confirm it isn't enough to put out a warrant for my arrest??
It depends on what they say they saw or know and how they know it. No one here could possibly predict what a DA or a judge would say without knowing what the witnesses have to say.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #13  
Old 10-23-2006, 12:12 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10
there aren't any witnesses cause no one could see anything... it's all what people think, it's basically people pointing fingers.. i
  #14  
Old 10-23-2006, 12:15 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10
do they make warrants out if there are no witnesses that caught the person in the act and they have no evidence proving that the person did it??
  #15  
Old 10-23-2006, 12:16 AM
Junior Member
 
Join Date: Oct 2006
Posts: 10
the amounts that were supposedly stolen were like $150 from the purse and like about $300 from the business...
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:59 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.