:: Bench Warrants - Failure to Appear :: Search Warrants :: When Authorized :: Property Subject to Seizure :: No Knock Warrants :: Staleness of Facts ::
The Law Offices of Sydne French
Aggressive Defense Against the Power & Resources of the State
If you fail to appear for your court appearance, the court may issue a warrant for your arrest. People sometimes find themselves in this situation because they simply forgot a court date, but they are scared of what might happen so they hide or avoid detection in some other manner. Other times, the circumstances are more serious. While on probation, you may have stopped reporting to your P.O. and have disappeared for months or years even. You may be under investigation for a crime, but the police have so far been unable to arrest you because they cannot find you.
Regardless of the reason the warrant was issued, you need immediate representation to safeguard your rights and shield you against potentially incriminating evidence. If you are facing a situation like this, call our office now. We can help you avoid a formal arrest, arrange for the warrant to be "quashed" or eliminated, and argue for reasonable cash or signature bond to be set.
Having to constantly look over your shoulder is no way to live. Call us now to schedule a free no hassle consultation in our Waukesha office or . We are ready to listen to you, anytime, day or night. Make the call now. Let us help you get your life back on track.
To find out if you have an open bench warrant, go to the Circuit Court Access Program (CCAP), and follow the instructions for open case information.
A search warrant is an order signed by a magistrate / judge directing law enforcement officers to conduct a search of a designated person, place, or thing, for the purposes of seizing the property. The magistrate may not sign or issue the warrant if the police fail to show they have probable cause to believe the object(s) sought are linked with the commission of a crime and are located on the premises to be searched.
In order to show probable cause, the police must provide the judge with sufficient facts to excite an honest belief in a reasonable mind that the objects police are seeking are linked with the commission of a crime, and that there is a fair probability the object sought will be found in the place to be searched. In the end, the judge must have a substantial basis for the belief that probable cause exists before a search warrant may be considered valid.
A search warrant permits the seizure of any of the following items:
- anything that is used in the commission of any crime
- anything other than documents which may be evidence of any crime
documents which are evidence of any crime, only if there is a probable cause showing that the documents are under control of the person reasonably suspected to be a party to a crime
"No-knock" warrants are warrants that a magistrate may issue if the police can show that knocking first would pose a danger to safety or a destruction of evidence. Police must be aware of such evidence PRIOR to the time of the entry.
The facts used as grounds for a search warrant must justify probable cause at the time the search warrant was issued. Although the passage of time is less significant where the activity under investigation is continuous, or takes place over a long period of time, staleness of facts is an important area to challenge. The relevant factors to determining staleness are:
- the nature and pattern of criminal activity under investigation, and
- the nature of what is being sought.
Search warrants can and must be challenged on many points for the best tactical advantage against the State. If the warrant is proven invalid, all the evidence obtained as a result of the invalid warrant must be suppressed. Evidence that is suppressed cannot be used against you at trial. This usually results in the dismissal of charges against you.
Suppression of evidence is no easy task. In order to be successful, you need an aggressive lawyer experienced in the laws and procedures necessary to win at suppression hearings.
Don't let another day go by. Contact us now for a free initial consultation. We are ready to defend your rights and protect you against the resources of the State.