Warrant Reissuance Legal Concerns

Summary

Reissuing a lost warrant can be legally questionable, especially if due process rights are compromised. Your son should request a public defender in Arkansas to address these issues. The defender can challenge procedural errors and explore potential grounds for dismissal due to the passage of time and lack of evidence.

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My son was arrested last week in Missouri on a * felony warrant from Arkansas. He waived extradition. When he got to AR, the Sheriff's Dept. couldn't find the warrant in the computer or file, & at some point after the first warrant was issued, they couldn't lost it then so issued a 2nd one 2 months later, but they lost track of the 2nd one too, so the Deputy issued a new warrant and booked him into jail. Since * he has had contact with law enforcement & each time they checked NCIC & Mules for warrants & nothing ever came up for Arkansas. He also served a prison sentence in Kansas & was released in *, at which time they again checked NCIC & Mules & found nothing! You are supposed to be able to clear up any outstanding matter before you are released, yet he was not afforded that opportunity. Can they just do that, issue another warrant because they can't find a record of it either in a computer or in a file?
Hi ****! This situation seems quite complex. Generally, if a warrant is lost or not recorded properly, issuing a new one can be legally questionable. Here are some points to consider:
- Due Process: Your son has a right to due process, which includes being informed of any charges or warrants.
- Validity of Warrant: If the original warrant cannot be found, the validity of reissuing one might be challenged.
- Legal Representation: It's crucial to have a lawyer review this situation, as they can check if proper procedures were followed and if your son's rights were violated.
Would you like assistance in connecting with a local lawyer who can provide more detailed advice?
I don't think he's able to afford a lawyer, so will probably request a public defender.
In Missouri, your son can request a public defender if he cannot afford a lawyer. Public defenders are provided to ensure that everyone has access to legal representation. It's important for him to communicate the complexities of his case and any potential issues with the warrant to his public defender, as they can help in challenging any procedural errors and protecting his rights. If you have any more questions or need further information, feel free to ask!
He is actually in Arkansas now, having waived extradition.
Case Rating: *
It seems like a challenging situation with the lost and reissued warrants. Since your son is in Arkansas, he should request a public defender there. Public defenders in Arkansas can assist him with any legal procedures regarding the warrant issues. If you have any other questions or need more information, just let me know!
It seems to me that this is certainly a case that could possibly be dismissed for an untimely arrest. At this point, 20 years later, witnesses will be hard to find and memories not so sharp as right after it happened.
Case Rating: *
It appears that there are significant procedural issues with the reissuing of warrants, which could potentially impact the case. However, since your son is now in Arkansas, it's vital for him to communicate these complexities to his public defender there. If you have more questions or need assistance, feel free to ask!
Thanks.
Case Rating: *
****, it does sound like a complex situation with potential grounds for dismissal based on procedural errors and the passage of time. Your son's public defender in Arkansas should focus on these aspects to strengthen his defense. If you need more guidance or have further questions, feel free to ask!