Peoria, AZ asked in Criminal Law for Arizona

Q: On 5/4/04 i was driving a rental suv from Albq. on I-17 to phx. DPS pulled me over for 80/75 and unsafe lane change

Then said i was free to go. as i was walking away he said can i ask you a question? yes. do you have drugs or lg amt $ in suv? No. told me to stay at his car walked to suv told both male passengers to get out talked to them,came back to me put me in handcuffs and told me to sign consent form. he found 1gm of meth in back seat where one passenger was sitting, didnt even run his name & i got arrested & charged with fel4-poss & fel6-paraphanelia. I was released O/R and went to court on 5/17/04 and it was "scratched". THEN, on 8/9/2011 i was arrested on a warrant. looking at my case online it shows 01/18/2005 IND - Indictment 01/18/2005 604 - ME: GJ True Bill/Warrant Issue 08/15/2011 Original Arraignment Hearing 08/10/2011 WAR - Warrant For Arrest

08/15/2011 Original Arraignment Hearing

Does this all sound right? Is it normal not to have been told you have a case, then 6 yrs later get arrested infront of my 3 kids? Is there anything about the initial stop that seems strange?

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1 Lawyer Answer
Aaron Michael Black
Aaron Michael Black
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: There are motions that can be filed in this case because you did not know of the warrant. It is called a Post Indictment Delay Motion. The state must make a good faith effort to try and locate you.Also, this sounds like an illegal search.

You need to reain counsel.

Good luck,

Aaron Black

Criminal Defense Lawyer


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