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Topic: WARRANT FOR ARREST ? WHEN VALID

Created on: 03/30/14 11:12 PM

Replies: 4

DEREK1


Joined: 11/08/13

Posts: 2

WARRANT FOR ARREST ? WHEN VALID
03/30/14 11:12 PM

I WAS ARRESTED ON A SATURDAY ON A WARRANT FOR VIOLATION OF A PROTECTION ORDER..MY COPY OF THE WARRANT DOES NOT REFLECT IT TO HAVE BEEN LOGGED IN TO MAGISTRATE TILL MONDAY

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TERRY4


Joined: 11/08/13

Posts: 32

RE: WARRANT FOR ARREST ? WHEN VALID
03/31/14 1:32 AM

Derik
It was probably authorized by phone and will be logged on Monday when the judge gets in to the office.
Were You served with the protection order prior to Your arrest?As you must have notice and the order served on You before it is valid.
Hope that helps.
Tom

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DEREK1


Joined: 11/08/13

Posts: 2

RE: WARRANT FOR ARREST ? WHEN VALID
04/03/14 4:44 AM

TOM, THANK YOU. THE PROBLEM I HAVE IS , I KNOW WRONG DOING HAS TAKEN PLACE.. YES I WAS SERVED WITH THE P.O WELL PRIOR TO THE ARREST .. LOOK AT THIS PLEASE 1. THE WARRANT COPY GIVEN TO ME AT ARREST SHOWS THE JUDGES SIGNATURE AND THAT SATURDAYS DATE , THE WARRANT IS STAMPED, ORIGINAL AND HAS NO CASE #, STN # OR CLERK LOG STAMP. THE WARRANT FOUND IN THE MGST COURT FILE IS STAMPED ORIGINAL BUT HAS ALL THE CORRECT STAMPS...!!!! MY UNDERSTANDING OF NEW MEXICO PROCEDURE FOR GETTING A WARRANT IS AS FOLLOWS 1 CLERK LOGS A COMPLAINT . 2 JUDGE REVIEWES COMPLAINT. 3 EITHER ISSUES A WARRANT AFTER A FINDING OF PROBABLE CAUSE OR A SUMMONS.. BENCH BOOK SUGGESTS SUMMONS IS THE PEFERED METHOD FOR THIS MISDEMEANOR . I BELIEVE MY SELF TO HAVE BEEN ARRESTED ON AN INVALID WARRANT.. BY THE WAY VIOLATION OF A P.O IS AN ARESTABLE OFFENCE WITHOUT WARRANT. FURTHER A BOND AMOUNT WAS STATED UPON THE UPON THE WARRANT. BUT I WAS NOT ALOUD TO BOND OUT, BOND AMOUNT WAS 10 TIME HIGHER THAN MAX PENALTY FOR A PETTY MISDEMEANOR WHAT DO YOU THINK NOTE OF INTREST I HAVE BEEN ACCUSED OF NUMEROUS CRIMES RELATED TO MY X WIFE ALL OF WHICH I HAVE DEFENDED SUCESFULLY, MY SELF, IN COURT FINALLY ON THIS WEEKEND POLICE AND SOCIAL SERVICE PEOPLE HELPED MY X WIFE MOVE OUT OF STATE....
* Last updated by: DEREK1 on 4/3/2014 @ 4:52 AM *

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TERRY4


Joined: 11/08/13

Posts: 32

RE: WARRANT FOR ARREST ? WHEN VALID
04/05/14 9:44 PM

Derek
It sounds fishy to me.Does your ex wife have family that might be intervening on her behalf,someone on the police force or with dept. social services.It sounds like someone covered their a!!.
Sounds as if someone arrested you without a warrant and then went and got one signed later,there can't be two originals.
Derek i think what you should be asking yourself is why did they not just arrest you on there own authority and instead go to the judge for a warrant.What were they after that they later felt they needed to cover themselves?
I would go and obtain certified copies of the warrant.
You should have been allowed to bond out right away if you had the means.Sounds like they were trying to keep you in custody until they could get your ex moved.
Hope it works out for you.
Tom

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MARVA1


Joined: 11/08/13

Posts: 14

RE: WARRANT FOR ARREST ? WHEN VALID
06/03/14 1:13 PM

Anybody have suggestions when false charge,arrest & illegal detention re: fail to submit to handcuff by pulling away from officer? No warrant, no other document to support charge, arrest or detention. Officer told magistrate she used excessive force.

Things done so far:
-hired attorney
-atty initially said could not file discovery motions because misdeamor
-asked atty in writing to file brady discovery motion, motion to suppress due flagrant constitutional violations, motion to dismiss
-atty filed motion for "voluntary" discovery, which also included motion to compel discovery at the end of the motion. it was filed in march
-filed formal complaint with PD and Town in NC
-PD denying any violation to policy, procedures, etc
-Mayor instructed Town Manager to thoroughly investigate.
-To date, Town Manager has not done so but has become very hostile. The Town apparently has had prior violations investigated and/or still being investigated by SBI, FBI, etc


On last court date in May when I asked atty whether requested motions filed, he stated he was going to get a status from DA that day. To date I have not heard from atty. Scheduled to be in court again June 5th.

In NC, is there a time limit on the Motion to Compel? If so, does anybody know timing? I would suspect that any time period already has lapsed. Can anybody offer any suggestions? if anybody in NC, I would love to get together since i'm a relatively new subscriber. Thanks, Marva

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