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  1. #1
    Join Date
    Jan 2015
    Location
    West Virginia
    Posts
    29

    Default Can You Be Arrested on a Warrant if You Don't Know it Has Been Issued

    My question involves civil rights in the State of: West Virginia

    I'm not sure if I should be writing this out but I'm really upset. Main points: it said on the paper I was summoned: nope. No letters, no calls, no friends involved in case made me aware and I'm not supposed to talk to those involved in the case anyways. I got pulled over for using my high beams at 3am on a highway with no lights that people do all the time and I didn't see any cars. I was pulled over and given a sobriety test. I passed that and had no illegal items in my car. I was given three tickets: failure to yield and proof of insurance. They may have dropped the high beams charge. I had my dad print out my updated insurance paper that morning so it really upset me I hadn't gotten a chance to get it from him. The car is in his name the paper expired in August that month. So I got the paper showed it to the police station so thankfully that should be removed he said. Then I was handcuffed and taken to the police station on a warrant for a crazy insane charge I had no idea about. So I was put in ERJ and stuck in the tank with bright lights from that morning on Friday until Sunday. They joked saying you'll be here 20 years. They forgot to read my papers so my dad was calling all day and was told I wouldn't get out until court! So I'm on a pad sleeping in a bright room all day and night not knowing why I'm there. They say it's a federal warrant nope their mistake! I see the magistrate after maybe 24 hours or more. Do I understand the charges no but I say yes. Felony for conspiracy to commit a crime that to my knowledge never occurred and I had no intention of being there. Wrong place at the wrong time basically in 2013. Facing up to 10 years!?? I got put in population and finally got to use phone and contacted my dad to let him know my bond of $25,000....also I have an acute mental illness requiring anti psychotics which they refused to give me even after my dad dropped them off at the jail. Somehow I was ok though!! I survived! But now I'm scared of everyone and was significantly traumatized and put into severe stress. Got out on Sunday!! if my dad wasn't so incredible and kind I would've been there forever on a false charge I don't even see how there's probable cause for suspicion unless someone made up stuff about me.......I'm shaking a lot I contemplated suicide for the first time in forever in there. It hurt me it hurt my family and I want justice. They robbed me of my security and faith in them now I know it's all about money they don't care about humanity or keeping people safe.

    - - - Updated - - -

    Forgot to mention the jail "lost" my purse with my license, tickets, and registration in it.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Arrested on a Warrant That I Had No Idea About

    Hire an attorney. You have a limited amount of time to file a claim against a government entity (if you even have one) and it must be done right.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be Arrested on a Warrant if You Don't Know it Has Been Issued

    If a warrant was issued for your arrest, the police can arrest you based upon the warrant. You are not entitled to advance notice of an arrest warrant. You cannot successfully sue the police or prosecutor for charging you with a crime based upon probable cause, even if you manage to subsequently convince them that you only looked like you were involved in the crime by virtue of being in the wrong place at the wrong time. Right now, worry about working with your lawyer to convince the prosecutor that you were, in fact, simply in the wrong place at the wrong time.

    You haven't shared any facts with us that are relevant to the criminal charge filed against you, so you will need to discuss the reasonableness of the charge with your criminal defense lawyer. We cannot comment on your situation without knowing the relevant facts.

  4. #4
    Join Date
    Jan 2015
    Location
    West Virginia
    Posts
    29

    Default Re: Can You Be Arrested on a Warrant if You Don't Know it Has Been Issued

    I don't even know enough plus my attorney advised me to keep silent about this so I probably should not have posted this nor go into more detail.

    - - - Updated - - -

    Actually as far as I was aware no crime even occurred. The charge was "conspiracy to commit burglary" a friend got me to drive him to a dentist appointment in Grant county. Then on the way back he decided to call and arranged to meet at this mans house. This man who is now facing criminal charges for the overdose and death of a 19 year old girl i met at his house. That's how I got tied into it I gave witness testimony to the conditions at the house of the accused. Now I'm being told I conspired to rob the guy who basically killed my friend! I didn't witness her overdose or do pills or opiates or drink. I didn't want to be there because I had class in the morning the next day. She told me she was living at this mans house. I wasn't aware of the situation because no one let me know. I confronted them about her and was ignored. So my friend said he could go into the guys house and we were meeting him in an hour. He let himself in. The closest probable cause is my friend letting himself in and then maybe making up bs to cover himself. Nothing was even stolen!! Not that I know of. So I don't get it how that I could be given this and my lawyer should have been notified of a warrant because he has been on this and it happened in 2013 that my friend overdosed about four days after I had left three hours to go home. I should never have given any testimony. Then they would have tried withholding information basically they just tried everything to find me guilty and I'm not! I wasn't even supposed to be hanging out with these people and this guy was begging me to take him to the dentist because he needed his tooth filled and that was his family dentist. So yeah

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Can You Be Arrested on a Warrant if You Don't Know it Has Been Issued

    Quote Quoting sundrop
    View Post
    I should never have given any testimony


    This is a perfect example of why you shouldn't talk to the police.

  6. #6
    Join Date
    Jan 2015
    Location
    West Virginia
    Posts
    29

    Default Re: Can You Be Arrested on a Warrant if You Don't Know it Has Been Issued

    Quote Quoting Mr. Knowitall
    View Post
    If a warrant was issued for your arrest, the police can arrest you based upon the warrant. You are not entitled to advance notice of an arrest warrant. You cannot successfully sue the police or prosecutor for charging you with a crime based upon probable cause, even if you manage to subsequently convince them that you only looked like you were involved in the crime by virtue of being in the wrong place at the wrong time. Right now, worry about working with your lawyer to convince the prosecutor that you were, in fact, simply in the wrong place at the wrong time.

    You haven't shared any facts with us that are relevant to the criminal charge filed against you, so you will need to discuss the reasonableness of the charge with your criminal defense lawyer. We cannot comment on your situation without knowing the relevant facts.
    Yeah. You said I haven't shared any relevant facts. I went to my preliminary trial and the prosecutor told us he wasn't seeking an indictment and then my lawyer and the prosecutor talked for five minutes in private. Then I was at the small courtroom next to my lawyer, and there was--the person my friend told me would be the magistrate. The magistrate is according to one of the suspects, the lead investigator of the homicide investigation---he was--in 2013 when the crime occurred, then he waited two years--conveniently so that he could justify being the magistrate to a case that he had prior information. My friend said that it was a major conflict of interest--and I hear his name and that's the guy my friend said was the cop turned judge, basically. So my lawyer decides to surprise me--and asked for a continuation on the basis that the prosecution had no case against me. I wasn't informed of my choice or right not to sign, in fact I was commanded to sign it by everyone including my lawyer--and successfully waived my right to a fair preliminary trial. Which means I can no longer even testify on my own behalf if it goes to trial, and I have not been indicted yet according to my lawyer who told me this yesterday and his reasoning---in exchange for discovery. He wrote that on the sheet of paper I signed and handed to the judge who approved it. So I waived my rights and got a continuation in exchange for discovery, my lawyer called me about two months later to tell me he still hasn't been given discovery, and that he got a few sheets of paper that were not substantial and he did not even tell me what they said, so either he isn't telling me anything or everyone just wants to make sure I do not get a fair trial, after being unfairly arrested and trapped in a bright cell for two days without being allowed to go outside or see a lawyer. It was kind of like torture because they refused my anti-psychotics for Bipolar and I started crying and getting manic, couldn't sleep and was terrified I was slowly going to go insane, which I would have if my dad had not bailed me out in time. It takes about three days for me to relapse when I don't take my anti-psychotic medication and I was on the verge of an emotional psychological breakdown. I would not consent to see a psychiatrist when they asked if I wanted to do that instead which would be another way I could be made crazy by this. I'm trying not to break so that they stop trying to break me. I hope it breaks them in the end, actually, it was not fair. I used my high beams. I was arrested based on the defense's accusations of my friend breaking into the house and stealing their drugs or something. I didn't see that---but I know what people have said, so like before I found out the defense was using this....and I am not sure if I mentioned what my friend said he saw before or after the defense used it against him....because you see it's the state against the accused--it would be easy for that kind of conflict of interest when all these people get overly invested in it--and I know one of the suspects had a close relationship with his friends in law enforcement. I am not sure if he is calling me and telling me this stuff to rub it in my face or discredit me or because he really is my friend and is innocent...but they made him look guilty which made me think he was guilty and that made me look guilty too. We were originally supposed to be volunteer witnesses, or at least I was--in the hopes of justice for my friend who was nineteen and did not have to die. Then all this craziness--and they keep reaching and reaching and I am kept in the dark, so I am already pretty clueless then I am kept in the dark, and then out of the blue I am arrested. The victim of "homicide" died the same day her cousin went to his court hearing. He said they were all looking down meanly at him. I hope he proved them wrong, and even if something else happened I can forgive I guess I just don't know anymore what matters. Justice....?

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    Quote Quoting adjusterjack
    View Post
    Hire an attorney. You have a limited amount of time to file a claim against a government entity (if you even have one) and it must be done right.
    LOL I had a lawyer before I was arrested. My dad decided to hire him in case of this. IDK if it helped or hurt me, actually, since I still have no idea what's going on and he convinced me to waive my right to testify....without telling me that's what I was doing when I signed it. So let's think this through: pulled over for using high beams, given three tickets: insurance outdated by like four days, failure to yield, and illegal use of high beams and they dropped the complete bs tickets but kept the worst one--failure to yield--and I still do not know if I technically failed to yield because he sped up behind me and I pulled over as soon as I could. Locked in county jailed from Friday-Sunday, denied my medication for a serious mental illness...it's bad enough my insurance pays for my psychiatric visits and medication. Then I was not told how long I would be there, they did not read my papers the following day so I am sitting there as one by one people go and meet with the magistrate on the video but I am not called that day, and they were in the meantime telling my father that I had a federal warrant and was going to be held there until my court date, which could've been a month or whatever. Guess what? That was a lie too! The cop tells the magistrate "Actually I apologize, I forgot to read her papers because I am an idiot" and that should be on record too. He purposely did not read them, they stole my stuff too. They kept my leather purse and the contents--my License, registration, three copies of my tickets, and whatever else was in there. I'm happy I got my freaking wallet with my debit cards and Social Security Card in it! Hm. They said they just lost it, and when we went to try and see if they had found them--this cop said the cameras were down so he couldn't see where it went. That was it. They never called me or my family back about it. I went to the DMV to get my License replaced. So after the police guy said I didn't read the last few pages of her papers or something, the female magistrate just glares at me like I am an insect--and asks "DO YOU UNDERSTAND YOUR CHARGE" I said I think so, or something...then I said where I get to sign not guilty? Then she said bail bond set at $25,000. That's cool. I freaked out again thinking omg I'm never getting out of here! It was so miserable in there. I'm told to strip in the bathroom and put on an orange jumpsuit, and I'm led to felony population--and that's when I started feeling like I had been completely wronged by the establishment. Then to my surprise a girl I used to know was in there, she was nice. She helped me cope for the next three hours before I was released. Because as soon as I saw the magistrate and was put into population directly thereafter, I called my dad on the jail phone and it finally worked. I told him that my bond was set to $25,000 and that they wanted it paid to Grant County. I was not in Grant County Jail I was in Martinsburg Eastern Regional Jail. He called a bondsman and I got out within a few hours. OMG I was sooo sooo happy. I'm like screw these people. I have never witnessed people treat humans like such garbage, they treated everyone--including me--like rabid dogs or something--we were basically not seen as people, but inmates. Inmates have no rights. Wait. How did I become an inmate if I wasn't indicted ... lol...

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can You Be Arrested on a Warrant if You Don't Know it Has Been Issued

    Yeah, you appear to have mental problems. No the system worked and you have no recourse except to possibly try and claim for the lost articles. Success would depend on part in whether they were ever listed at your booking or left in the car and stolen by an unknown person.

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