Q: Can u be charged and warrant issued for a Charge u didn't have or knew anything bout til u get arrested
My boyfriend got arrested for a class c warrant and didn't know anything bout a warrant for a burgulary charge he never had. Happened in Victoria county texas
A: Unfortunately, this happens frequently. If your boyfriend was not arrested at the time of the offense, but was a suspect in the case he would not be aware of a warrant until after the District Attorney's Office has taken the case to the Grand Jury. All this means is that the prosecutor presented enough evidence for the Grand Jury to find that probable cause existed that your boyfriend committed the crime. This is a very low standard and many times even cases that have been indicted get dismissed. It is important that you not discuss anything with your boyfriend as all in custody conversations are recorded, and admitting any knowledge of the burglary may be used against him (along with anything else he tells you). It is a good idea to hire a lawyer under these circumstances as a lawyer will be able to find out more about what is going on, and possibly get his bond reduced.
Lucio Antonio Montes and Kiele Linroth Pace agree with this answer
A: Yes, you can be arrested for a warrant that you did not know about. It happens all of the time. Arrest are not always made immediately by the police. A burglary where the suspects where not caught on the scene is a great example. The police investigate and try to determine who did it and when they find out who they think did it, warrants are issued. Just because a warrant was issued, does not mean that your boyfriend is guilty, they just think he is the guy that was involved in the crime. The police do make mistakes and the wrong person can get charged. I would also second the advice given by attorney Locke. Good luck.
A: He could be arrested for burglarizing the home of Spongebob Squarepants. Now you might be thinking, "Well Spongebob does not live in a pineapple under the sea and that he is not real" and you would be correct. Those are excellent defenses that will prevent him from being convicted (unless he takes a plea instead of fighting the charge.) My point is that just because they can arrest you for something doesn't mean they can prove it beyond a reasonable doubt!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.