Results 1 to 9 of 9

Hybrid View

  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested on a Warrant After a Case Was Dismissed

    It is lawful to arrest you based on a mistake because the courts have said it is. It is also lawful to not accept your claimed proof as absolute. You provided it. It could be altered. They are allowed to use proof available directly from the court records. If that wasn't available at the time, they can continue with the known facts on hand.

    As to my belief the issuance of a warrant must be based on probable cause;

    its not my belief. It's the law. The 4th amendment;

    Amendment IV

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    i presume the warrant was issued by the municipal court and not the family court. Is that correct?

    As to you suspecting people arrested not having had dealings in court and not having the warrant dealt with then; you would be incorrect. There have been people arrested for a crime, put in jail and subsequently released and an outstanding warrant the entire time for another crime not be known by the parties involved. The systems we have in place are not perfect. Crap happens.


    I suspect you need to address the current matters before running off thinking you have some major civil rights claim. You may be surprised what happened is not improper at all.

    If if you find it is, then go back to where I said; mistakes, as long as there is a reasonable belief the actions are correct, won't result in you having a winning ticket to the lawsuit lottery.


    Read this:

    http://www.state.nj.us/lps/dcj/agguide/dvpolrsp.htm

    I see nothing stating an arrest warrant is automatically issued upon filing for an RO.


    you can also go here and read where an arrest is required. Section 3.4


    http://www.judiciary.state.nj.us/family/dvprcman.pdf

    you have also said nothing about the person making a domestic violence complaint but simply filed for a restraining order.

  2. #2
    Join Date
    Oct 2016
    Posts
    5

    Default Re: Arrested on a Warrant After a Case Was Dismissed

    Quote Quoting jk
    View Post
    It is lawful to arrest you based on a mistake because the courts have said it is. (proof please and or supporting case law thanks) It is also lawful to not accept your claimed proof as absolute. You provided it. It could be altered. They are allowed to use proof available directly from the court records. If that wasn't available at the time, they can continue with the known facts on hand. The issue here is someone dropped the ball, so whether or not my proof is valid or invalid, the warrant and the case were attached, I am sure it is someone's job to make sure that when case are dismissed the warrants associated are removed from the system as well, we can not just say its ok bc its the court system and they have the right to make negligent mistakes regularly. Where is the accountability?
    As to my belief the issuance of a warrant must be based on probable cause;

    its not my belief. It's the law. The 4th amendment;

    Amendment IV

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    i presume the warrant was issued by the municipal court and not the family court. Is that correct? Yes

    As to you suspecting people arrested not having had dealings in court and not having the warrant dealt with then; you would be incorrect. you have misread There have been people arrested for a crime, put in jail and subsequently released and an outstanding warrant the entire time for another crime Key word here another crime, in this instance the crimes are the same not be known by the parties involved. The systems we have in place are not perfect. Crap happens.


    I suspect you need to address the current matters before running off thinking you have some major civil rights claim. You may be surprised what happened is not improper at all.

    If if you find it is, then go back to where I said; mistakes, as long as there is a reasonable belief the actions are correct, won't result in you having a winning ticket to the lawsuit lottery.


    Read this:

    http://www.state.nj.us/lps/dcj/agguide/dvpolrsp.htm

    I see nothing stating an arrest warrant is automatically issued upon filing for an RO. I never said this I said criminal charges filed


    you can also go here and read where an arrest is required. Section 3.4


    http://www.judiciary.state.nj.us/family/dvprcman.pdf

    you have also said nothing about the person making a domestic violence complaint but simply filed for a restraining order.
    As I figured you are not familiar with TRO and FRO laws in NJ and I am unable to explain them to you at this time

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Arrested on a Warrant After a Case Was Dismissed

    I gave you the court procedures. If you can find anything that states a warrant is issued upon application for a restraining order, have at it. Since it would be a violation of a persons civil rights to issue a warrant upon nothing more than the fact a person filed for a restraining order, ill stick with the probability you do not understand what you think you understand. The second link I gave you addresses restraining orders and the actions it involves.
    As to an TRO and and fro; all
    states have them. A temp order is often issued on the word of
    the applicant but since the US constitution requires due process, the restrained party must be given a right to defend themselves before a permanent (or in NJ; an FRO or final restraining order) is issued. You are making a big deal about nothing there.

    An arrest warrant must be based on probable cause a crime has been committed. Unless a court deems the facts behind filing for an RO very believable (as in upon the courts inquiry enough believable facts are ascertained the court determines there is probable cause to arrest the restrained party), the court is not going to issue an arrest warrant. It cannot be an automatic action based simply upon filing for a RO since an arrest without probable cause is a violation of the arrested's civil rights.


    and I misread nothing regarding the fact a warrant may have been overlooked. It happens. Unless the court you are in has reviewed the case files thoroughly, the entry of a warrant being issued could be overlooked. it shouldn't but that doesn't mean it never happens.

  4. #4
    Join Date
    Oct 2016
    Posts
    5

    Default Re: Arrested on a Warrant After a Case Was Dismissed

    Quote Quoting jk
    View Post
    I gave you the court procedures. If you can find anything that states a warrant is issued upon application for a restraining order, have at it. That is my point one should not have been issued, but in this instance the warrant was issued the same day the TRO was filed and granted. Since it would be a violation of a persons civil rights to issue a warrant upon nothing more than the fact a person filed for a restraining order, ill stick with the probability you do not understand what you think you understand. The second link I gave you addresses restraining orders and the actions it involves.
    As to an TRO and and fro; all
    states have them. A temp order is often issued on the word of
    the applicant but since the US constitution requires due process, the restrained party must be given a right to defend themselves before a permanent (or in NJ; an FRO or final restraining order) is issued. You are making a big deal about nothing there. Everybody has the right to file for a TRO, the TRO was thrown out and the FRO was never grantedAn arrest warrant must be based on probable cause a crime has been committed. Unless a court deems the facts behind filing for an RO very believable (as in upon the courts inquiry enough believable facts are ascertained the court determines there is probable cause to arrest the restrained party), the court is not going to issue an arrest warrant. It cannot be an automatic action based simply upon filing for a RO since an arrest without probable cause is a violation of the arrested's civil rights. So here is a little backstory I have had a restraining order on this individual for over a year and this person went to the courts and filed a TRO because the criminal trial for the violation of the FRO I currently have in place was coming up. The person violated the FRO on 4 separate occasions and it took the police 3 weeks to issue the warrant for the first violation and by this time I had 4 pending charges, one for a text message sent to my sister threatening me and 3 for throwing bricks through my windows on the first floor of my home. After the first brick was thrown I installed a surveillance system and the last 2 brick instances were caught on video. The initial threat was made on April 1st, the first brick was thrown April 5th and the second April 29th and the last April 30th. The warrant for this person arrest wasn't issued until May 3rd. This warrant was for the initial charge only, I had to call and tell them to hold him because of the 3 other charges pending and he was still released on bail the next day. Now trial is pending and because this person is out on bail they now are able to go to the police station and lie. This person goes to the police department on June 21st and states I followed them home June 20th and was swinging a miniature baseball bat saying "if you bust my windows again I am going to kill you."- A TRO was granted, we go to court I am able to produce my timesheets showing I was at work at the time, I also have a GPS tracker on my phone, so that if by chance something happens to me my mom would be able to figure out my last location without waiting for the police to find me. My GPS pings my location every 10 minutes and uploads it to a separate data base. It shows I was no where near this persons home. So there was no way I could be where this person said I was. I go to court and present my defense and the TRO was thrown out and no FRO Granted. At this point I believe this is done. Fast forward the trial for this person comes up, right before trial they plead guilty to 2 of the 4 charges get a year probation and a 250 fine. I am not happy and express this to the prosecutor but ultimately its their decision. 2 weeks later I get a notice in the mail to appear in Orange Municipal Court, I get the notice on Friday and court is on Tuesday. I am being charged with simple assault. The initial charges were making a terroristic threat but they were downgraded. I advise the judge of the same story I just reiterated here and they advise me to bring the paperwork showing the TRO was dismissed. The person who filed the charges never showed up as well. So I go back to court September 20th and show the judged the paperwork from the TRO dismissal, she advises me that the case will be dismissed. They give me a pink paper showing the dismissal. Now fast-forward to this Friday I am driving home from the mall and I get pulled over and I am arrested on a warrant that was apparently issued almost 4 months ago of which I have no knowledge of. I am handcuffed, finger printed, my mugshot taken and transported from one jail to the next. I get to the secondary jail in the township where the warrant was issued and I am in the same building where the courtroom is located and the case was dismissed, the officers now have the pink paper showing the charges are dismissed and they continue with the process anyway and I have to post bail to be released. So after going through all of this with the court system I still get arrested. I now have an arrest record and fingerprints on file with a mug shot because of someone's error.

    and I misread nothing regarding the fact a warrant may have been overlooked. It happens. Unless the court you are in has reviewed the case files thoroughly, the entry of a warrant being issued could be overlooked. it shouldn't but that doesn't mean it never happens.
    I have never been arrested in my life, I am not a criminal, I am a tax paying law abiding citizen. so although warrants get overlooked all the time, this does not make it right for myself or anyone else this has happened to. To be arrested and booked and you did absolutely nothing and you have already cleared your name is ludicrous.

    1. Sponsored Links
       

Similar Threads

  1. Arrest Warrants: Arrest Warrant for a Case I Thought Was Dismissed
    By Brian211978 in forum Criminal Procedure
    Replies: 2
    Last Post: 03-19-2013, 11:32 AM
  2. Other Offenses: I Was Wrongfully Arrested on a Warrant I Paid and Was Dismissed 8 Months Ago
    By JenBuchanan in forum Criminal Charges
    Replies: 2
    Last Post: 11-12-2012, 05:20 PM
  3. Arrest Warrants: Warrant Issued After DUI Case Was Dismissed
    By atrac059 in forum Criminal Procedure
    Replies: 2
    Last Post: 05-15-2012, 06:23 PM
  4. Replies: 3
    Last Post: 09-02-2007, 12:07 AM
  5. Arrest Warrants: Case dismissed, but warrant remained active
    By haven_knight1957 in forum Criminal Procedure
    Replies: 5
    Last Post: 08-18-2005, 12:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources