Can A Greensboro Criminal Defense Attorney Explain Warrant Requirements?
Yes, of course! Most types of searches will require a warrant, as well as most arrests. Warrants are the safest way, procedural, for an officer to take an affirmative action. There are certain requirements that the officer must meet for a warrant to be validly issued. It’s very important to look over specific warrants to make sure that they are valid and that your rights are not being infringed upon. You should consult a Greensboro criminal defense attorney for more information about warrants.
First of all, warrants are presumed to be reasonable and valid unless they are challenged, which is why it’s important to consult with an attorney and cover all bases of your case before making any final decisions. If the warrant is no good, then the case might get thrown out entirely. To acquire a warrant, the officer must first make an oath or affirmation. This oath or affirmation will include several things that are required to obtain the warrant. It should include why the officer is certain they have probable cause. Specifically, it must show that more likely than not, evidence of a particular crime will be found at the location they’ve listed in the application. This means that the place or thing that’s to be seized must be described with particularity. For example, if it’s an apartment, then the specific apartment number must be listed, not just the address to the apartment complex. Lastly, it must be issued to a neutral and detached magistrate. For example, if the magistrate had taken an active role in the investigation and was later going to be a part of the case, they cannot be the one to issue the warrant. These are the general requirements for a valid warrant to be issued. For further questions, should consult with a Greensboro criminal defense attorney.
A Greensboro criminal defense attorney can help you determine the validity of a warrant by making sure that all of the warrant requirements are met. The criminal defense attorneys at Garrett, Walker, Aycoth, and Olson know the requirements of the law and also genuinely care about each case given to them by their clients. Call today at 336-379-0539; we are here to help!