Claremore, OK asked in Criminal Law and Federal Crimes for Oklahoma

Q: When the Feds issue a warrant for a Felony arrest do they post it online in Oklahoma like most counties do?

My felony warrant was recalled. Prosecution filed a motion to recall pursuant McGirt v. Oklahoma. Since the Feds will be flooded with back cases as well as current cases, my guess is the most violent ones will take priority and not refile on all the rest. But if they somehow do decide to prosecute how would a person know they have a felony warrant? And is it possible to reach out to the investigators and give them evidence that proves there was no probable cause so that they can make a decision not to issue a warrant? As I'm sure they would be looking at all options to dispose of alot of cases quickly as possible.

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1 Lawyer Answer
David A. Cincotta
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Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Generally speaking, no. A federal warrant issued pursuant to a grand jury indictment, information, or complaint is usually filed under seal until the arrest has been made. The federal government uses the PACER system for court records, which is available to the public, but you must have an account and there are charges for viewing over a certain number of records per month/quarter.

As far as presenting evidence to lessen the likelihood that charges will be filed, you need to discuss this with a criminal defense attorney. While the US Attorneys are going to do whatever they feel is warranted, they may be tasking federal investigators with looking into some of the cases they are interested in refiling before pulling the trigger to do so. If the investigator is presented with additional evidence that the DA did not have, then it could prove to be beneficial. However, you may also run the risk that no one is looking at you, and, by bringing it to their attention, it could backfire.

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