This is the first post in a series which will discuss challenging the issuance of a search or arrest warrant which resulted in a Little Rock resident being taken into custody. We are writing on this topic due to the fact that many mistakenly believe that there is nothing they can do after they have been arrested. The truth of the matter, however, is that there are circumstances under which a defendant may challenge the validity of law enforcement’s arrest warrant. Our goal with this series is to provide information which will help an accused to better understand their rights and to make a more informed decision when selecting a criminal defense attorney.
We will be addressing a number of topics over our coming articles. Issues which we will look at include:
- Grounds upon which the validity of an arrest warrant may be challenged
- The process of challenging an arrest warrant
- Filing for post-conviction relief if a change of law makes an earlier warrant invalid
It is important for defendants to understand these issues for several reasons. First, there are multiple reasons for which a warrant may be challenged after the fact. These include an officer’s including information which was false or which the officer should not have relied upon as well as challenging the warrant on the grounds that the facts supplied by officers did not support it being issued in the first place. Second, challenging is a complicated matter which requires the filing of a Motion and an evidentiary hearing. Finally, if the Supreme Court issues a decision which changes the grounds upon which a warrant was issued then one, who was previously convicted, may be able to file for a writ of habeas corpus.
One point we cannot stress enough is that challenging a warrant involves highly complex areas of law. The United States Supreme Court has issued many decisions dealing with these types of issues and it is important that one retain a lawyer who is experienced in handling such matters. Our Little Rock criminal defense attorneys have over twenty-five years of combined experience in handling such cases and are ready to assist you. Contact us today to schedule an initial consultation. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.