Many times in Jacksonville, people are falsely accused of crimes and are subsequently arrested because of errors in the initial drafting of the warrant. Though some view this as harmless error, the effect on accused parties can be extremely detrimental. If one has been arrested on an inaccurate warrant, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.
According to WAFB Baton Rouge, Gary Conley of Baton Rouge, has a warrant recalled against him after being falsely accused of being a possible predator attempting to pick up a child at the Boys and Girls Club. Conley and the woman he was with later left without the child but the supervisor then gave Conley’s photo to the mother of another child with the same first name. With the help of Conley’s cousin, the mix up was straightened out and police issued a recall of the warrant saying a staff member called the wrong child to the office and that the victim and the family member of the accused shared the same first name but not last name.
The Fourth Amendment provides that a warrant must describe with particularly “the place to be searched, and the persons or things to be seized.” The place to be searched must be described in the warrant in a manner sufficiently precise that the officer executing the warrant can identify it with reasonable effort. For example, if the warrant specifies an address that is in fact a multiple dwelling building, the police must limit their search to the unit belonging to the person named in the warrant only, which may be ascertained by reasonable effort, such as by checking names on the mailbox or by asking neighbors.
The granting of a hearing on the accuracy of the affidavit requires the defendant to make a “substantial preliminary showing” that:
– a false statement was included in the affidavit;
– the affiant made the false statement “knowingly and intentionally” or with reckless disregard for the truth; AND
– the false statement was essential to the magistrate’s finding of probable cause.
If the allegations are proved at a hearing by a preponderance of the evidence, the warrant is void, and the fruits of the search must be excluded from the criminal trial.
In this case, Conley did not know he had an active warrant out for his arrest. Many find themselves in similar situations and are not aware that warrants are out for their arrest, causing them to miss court dates. In some cases, one may be charged as a fugitive and extradited. In contrast, if one does nothing, one may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the Jacksonville Arrest Warrant.
If one is in a similar situation, one should obtain an experienced Jacksonville warrant defense attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Sources: Local man upset after misunderstanding results in warrant for his arrest