Q: If you haven’t been arrested yet, can you be arrested at a scheduled first appearance? Felony arrest warrant
Albuquerque, New Mexico. Defendant was issued a felony arrest warrant for aggravated stalking. Defendant had a public defender file a motion to cancel the arrest warrant and set his plea. Judge did not take kindly to the motion and responded with an order for a first appearance on 8/9, stating that the motion is not well taken and he should turn himself in if he would like to address the charges sooner than that date. My question is, can the defendant be arrested at the scheduled first appearance?
A: One with an arrest warrant can be arrested anytime and anywhere that person is identified. Were I the opposing party, I would certainly alert the Court that the Defendant has a warrant. The Defendant should coordinate with his attorney to turn himself in ASAP.
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