Police Entry With Warrant

Ask Your Question For Free

Summary

In New York State, police can enter your home with an arrest warrant if they believe the person named in the warrant is inside. If the person isnt present, they must leave and cannot search the property without a search warrant. After an arrest, you have the right to a phone call to contact a family member, friend, or attorney. For minor, non-violent offenses, you might be released on your own recognizance, depending on the judges decision. If arrested while driving, your car may be impounded, but you can ask if a family member can pick it up. For a first-time DWI, your license will be revoked for at least six months, but a judge may order an alcohol education program without revocation. Always consult with an attorney for personalized legal advice.

Full Conversation

What happens if they enter the home to learn that the person isn't present
If an officer in New York State enters a home with an arrest warrant and the person isn't present:
- They must leave, as the warrant is for a specific person.
- They can't search the property unless they have a search warrant.
- Any evidence found may be inadmissible in court.
If a warrant has you arrested how do you go about contacting your loved ones or an attorney
After an arrest in New York State:
- You have the right to a phone call within a reasonable time after your arrest.
- You can use this call to contact a family member, friend, or attorney.
- If you cannot afford an attorney, one will be appointed for you.
Remember, this is general advice and may vary based on circumstances.
If you are arrested for the first time ever for something non violent and minor will they maybe release you in NYS
In New York State, if it's your first non-violent, minor offense, you might be released on your own recognizance, but it depends on the judge's decision. Factors considered include flight risk and past criminal record. But this is general advice and doesn't replace legal counsel.
Will they maybe release you the very same day
In New York State, it's possible to be released the same day if you're arrested for a minor, non-violent offense, especially if it's your first offense. However, this is dependent on various factors like the court's schedule and the judge's decision.
Where do they place you if its a minor arrest
In New York State, if you're arrested for a minor offense:
- You are typically taken to a local police station for booking.
- Depending on the offense and your criminal history, you may be held in a holding cell or released on your own recognizance.
- This doesn't replace legal advice.
Recognizance?
"Recognizance" is a legal term. In New York State, if you're released on your "own recognizance," it means:
- You're released without bail after promising to return to court.
- You may be required to follow certain conditions.
- Failure to appear in court can lead to more charges.
If you are arrested when driving what do they with the car your driving. Can I have a family member go and get it
In New York State, if you're arrested while driving:
- The police may impound your vehicle, especially if it's blocking traffic or if it's evidence in a case.
- You may ask the officer if a licensed family member can pick it up, but it's their decision.
- Impounded cars usually incur daily storage fees.
In NYS if you have a DWI for the first time will there be points placed on your license
In New York State, if you're convicted of DWI for the first time:
- You won't get points on your license, but your license will be revoked for at least six months.
- You may also face fines and mandatory alcohol education programs.
- These consequences can be more severe if there are aggravating factors.
Is it possible that a judge may have you attend alcohol education programs without revoking your driver's license
In New York State, a judge has discretion over sentencing for a DWI conviction:
- It's possible to be ordered to attend an alcohol education program without license revocation.
- However, this depends on the specifics of the case.
- This is general advice and doesn't replace legal counsel.
Can the judge have you attend alcohol education program without revoking your license and not convict you of the crime
In New York State:
- A judge can order you to attend an alcohol education program as part of a plea deal or alternative sentencing.
- However, this would still generally involve a conviction, which may or may not affect your license.
- This is general information and doesn't replace legal counsel.
How would you know if you were convicted if you're license wasn't revoked
In New York State:
- A conviction is part of your criminal record, accessible through a background check.
- You'll be informed of your conviction in court.
- Not all convictions lead to license revocation.
- Check with your lawyer or court for your case specifics.
This doesn't replace legal advice.
If convicted in court what would you likely hear the judge say
If you're convicted in court in New York State, you'll likely hear the judge say something like:
- "The court finds you guilty as charged."
- You'll also hear details of your sentence, like fines, jail time, or probation.
- Always consult with your attorney for case-specific advice.
I didn't hear any of them
If you're unable to hear the judge, it's crucial to have an attorney present who can relay the information to you. If you're found guilty, the court will provide written documentation of your conviction and sentencing details. Always consult your attorney for personalized advice.