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Oakland County Attorneys For Warrants
Warrant Defined
A criminal warrant is a court-issued document which gives law enforcement the legal authority to infringe upon a person’s individual rights. There are different types of criminal warrants. The most common types of criminal warrants include bench warrant, arrest warrant, and search warrant.
Bench Warrant and Arrest Warrant
A bench warrant is issued by a judge, and directs law enforcement to arrest an individual for offenses such as failure to pay parking tickets, child support, etc.
An arrest warrant is issued by a judge upon an adequate showing of probable cause that the individual named in the warrant committed or was committing a crime.
There is no statute of limitation for either a bench warrant or arrest warrant, and a person should address his or her bench warrant or arrest warrant immediately. Bench warrants and arrest warrants are a very serious matter, which should be handled proactively, and with the assistance of a skillful, knowledgeable, and experienced attorney. Since bench warrants and arrest warrants never “expires”, it is best to resolve them as soon as possible in order to avoid the possibility of a public arrest. If a bench warrant or arrest warrant has been issued against you, contact Ray Law Criminal Defense attorneys immediately.
Search Warrant
A search warrant is a very powerful tool for law enforcement, but it is also incredibly intrusive for the person who is being subjected to the search warrant. The Fourth Amendment of the U.S. Constitution provides protection against the government over unreasonable and baseless searches and seizures. This is because privacy and individual rights are so highly valued.
The Fourth Amendment of the U.S. Constitution requires a probable cause finding before a search warrant can be issued. Probable cause is generally defined as a likelihood that a search will result in evidence of a crime being discovered. Case law has also further developed what constitutes probable cause.
However, there are exceptions in which law enforcement is not required to obtain a search warrant. Some examples include searches made with consent, routine administrative searches, and searches under emergency circumstances.
Nonetheless, the courts and/or law enforcement can act over zealously and issue and/or execute a search when there is no basis to do so. Even if a search warrant is issued by judge, the basis for the search warrant must be reviewed to ensure that both law enforcement and the courts followed the law. If law enforcement obtains evidence illegally, then the prosecution cannot use the evidence.
If a search warrant has been issued against you, contact Ray Law Criminal Defense attorneys immediately. Our attorneys will thoroughly review the search warrant, and the basis for the warrant. Our attorneys will question the legality of the warrant in order to protect your privacy and your individual rights.
Immigration Impact
If you are charged with a crime, and are not a U.S. Citizen, the criminal charge alone may negatively impact your immigration status and/or your ability to apply for non immigrant and/or immigrant status.
Under immigration law, a conviction or guilty plea, itself, will not subject a person to deportation proceedings. In order for a person to be subject to deportation proceedings the crime must be one of “moral turpitude.”
However, if a person is found guilty of a traffic violation, the next time that person applies for a visa at the United States Embassy or Consulate, he or she will be subjected to additional scrutiny including drug and alcohol testing. While a single minor traffic violation may not render a person inadmissible, multiple convictions of a traffic violation or a traffic violation plus an additional charge, may subject a person to be inadmissible to the United States.
Additionally, if a person seeks an immigration benefit through the Department of Homeland Security, or the Department of State (Embassies and Consulates), he or she will be required to submit a certified copy of a police report, any and all court orders relating to his or her criminal background, and proof of completion of probation or parole (if applicable). The Department of Homeland Security, or the Department of State (Embassies and Consulates) would still have a record of the initial charge, the reduced charge, and disposition. Ultimately the Department of Homeland Security, or the Department of State (Embassies and Consulates) will have complete access to a person’s criminal records, and will exercise their own discretion.
In the future, if any criminal matter is expunged or dismissed, police report(s) and court disposition will always be required, regardless of the age of the offense.
A traffic violation should always be taken seriously, no matter what the offense. If not handled properly, a traffic violation can significantly negatively impact your driving record and/or ability to legally operate a vehicle. Points on your driving record can take years to remove. Driving on a suspended or revoked license will cost additional money to reinstate, and a person may face additional charges and/or be subject to imprisonment if caught driving on a suspended or revoked license.
You will need the Ray Law advantage, and the expertise of our attorneys to properly and successfully handle your case. We will fight to ensure that the traffic violation will not negatively impact your record.
Ray Law International specializes in both criminal and immigration law. Here at Ray Law we have the best attorneys to represent you in the court of law, as well as the best attorneys to successfully represent you through the immigration process.
Use the Ray Law Advantage!