Goshen, IN asked in Criminal Law for Indiana

Q: How long can a arrest warrant be sealed? And how does a person access the probable cause affidavit?

Our daughter was dating a guy who acquired a case and has been convicted and sentenced. Over one year later Elkhart Police show up with a sealed warrant for our daughter. No one ever received notice there was ever a hearing to seal the warrant. Not sure if administrative rule 9 was used. The only record of a warrant exist for the daughters ex-boyfriend. Please help us. I think our daughter has been falsely arrested.

Related Topics:
1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: A prosecuting attorney when filing charges can request the court seal the warrant until the person has been arrested. It is done so the person does not find out about the charges and flee the jurisdiction. Once the person has been arrested on the warrant and is in the county where the warrant was issued the case is to be unsealed. Some prosecuting attorneys offices use sealing of warrants in only extreme cases while others use if far more frequently.

1 user found this answer helpful

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.