Q: If I was served a warrant for an alleged crime out of county aren’t I entitled to a police report or probable cause
I was charged with a fleeing and eluding charge and driving without a license from out of my county. I believe this happened when my vehicle was stolen as I would remember if I ran from police. I was picked up on the warrant and was never given copy of the police report , or given any kind of details about alleged crime. How can they possibly have probable cause ? How can I be charged with a crime and never receive any details of what I was being charged with. It’s almost a year now. I was picked up on warrant , due to pandemic was released on own recognizance. They have my address , I was never notified of a hearing and now have a failure to appear warrant. The day of alleged crime I was hospitalized , I have proof. But I don’t know if I’m being accused of doing this in morning or afternoon. I never ran from police , the same day I was hospitalized and reported my truck stolen. How can there be probable cause when there is no way I was seen driving ? There is injustice here I’m sure
A: You will have probable cause affidavit list of witnesses and discovery...hire a lawyer and do not talk to law enforcement without a lawyer.
A: You are asserting your innocence. The innocent and falsely accused need an attorney more than those who might have some degree of involvement. You start the process by retaining a specialist criminal defense attorney who will document and structure your defense; and also make sure no court dates are overlooked. Making public declarations about possible defenses is not a good idea. You have a right to remain silent and to force the government to prove its accusations beyond a reasonable doubt. If your vehicle was stolen at the time of the alleged offense, then there is likely a 911 call or police report to document the theft. Be aware that some people falsely claim car theft to avoid being implicated in a car accident, or robbery, or other sorts of problems.
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