Warrants/other

[innocent_angel]

What is the name of your state?Indiana

My fiance when he was arrested back in december after getting to the jail found out he had two warrents for his arrest {those are explained in my post guilty until proven innocent}. The thing that bothers me is those warrants were issued in november and he nor I were made aware of the fact that he had them..no officer came to the house...no mail...no phone calls...nothing. Is that legal?? Are they allowed to not inform you of these things??
Another thing is one of the police officers who arrested my fiance told me he wished my fiance would have fought back so he could've taken him down and put him in his place!!! This to me is an outrage how an officer could say such things. I'm just very upset and am trying to keep my cool about all this and it's hard. Please will someone explain to me if any of this is right or "just".

[andjacks]

To my knowledge if he has missed any kind of court dates for traffic, child support ect. they will issue a bench warrant. They will tell you that it is not there responsibilty to keep you informed of your court dates. Please dont take this as GOD WORDS. Just a little info that I know about.

[innocent_angel]

The thing is...it wasn't a bench warrant...cops stopped over b/c our neighbors heard us rough housing...just playing around like big kids...police officer arrested him b/c I had a rug burn on my elbow along with an old bruise and charged him with battery after I had begged him not to.

[CdwJava]

No, the police and the courts are NOT required to give someone advance warning of a warrant coming out.

- Carl

[innocent_angel]

The warrents were issued on november 17th and he was arrested for the aleged battery on december 10th. He had these warrents for a month!! The officer who stopped by the night of nov.8th asking about the car that was reported stolen said he'd be back by if there was to be a warrent/charges pressed....he never stopped back by!! Nothing was said to any of us about any of these warrents...even after they were issued....to my knowledge from talking to a retired sheriffs investigator...once the warrents are issued they are supposed to notify you and take you away with them....this was not done. To me the police/sheriffs are not doing their job correctly. An investigation was never conducted for the felonies he's accused of anyways!! I don't understand how the cops are allowed to do things like this.

[CdwJava]

We are not expected to run out and chase down every person that has a warrant the moment a warrant has been issued. If we did, then there would be little time for much else. A month is QUITE reasonable. And prior notification is not required in any state that I know of.

And while you may think that the police investigation was not complete, there is no requirement for them to turn over every rock and stone that the defense thinks they should have. If their investigation provided sufficient cause to convince a prosecutor and a judge that good cause existed for an arrest, then the police aren't the only ones that think he could have done it.

If he has a beef, and the charges are knowingly and intentionally false, then he may have a tort against the complaining party, but not likely against anyone else.

But first, he has to defend himself from the criminal charges.

- Carl