This is the next post in our series on challenging warrants after an arrest in Little Rock, Arkansas. Our last article discusses the grounds upon which one may challenge an arrest warrant. It is important to understand that a warrant may still be valid even if an officer lied or misled the Court; a warrant will still be considered valid if the application would have supported an arrest without the incorrect information included. In this article we will discuss the process of challenging a warrant after one has been taken into custody. This is a complicated process and you should retain an experienced criminal defense attorney if you or a loved one have been arrested.
The validity of an arrest warrant may be challenged while a criminal case is pending. The process of disputing a warrant begins by filing a Motion with the Court. This is a request in which the defense lawyer will state the facts of the case, the law which applies to the situation, and why the warrant should be found to have been wrongfully issued. The prosecution will file a response to the Motion and the Defendant will be able to file a reply to that response. The Court will hold an oral argument on the Motion. This hearing is not a trial and no one will testify. Counsel for both the defense and the prosecution will be given a brief time to argue their case to the Judge and, at the end of these arguments, the Judge will issue a decision. Typically the Judge will either grant or deny the Motion. Under certain circumstances the Court may request an additional briefing.
If the Court finds that the warrant should not have been issued then the arrest will be considered to be in violation of the Fourth Amendment. This would mean that the defendant would be released and the case would be dismissed. Reasons for which the Court may find that the warrant should not have been issued can include an officer’s including false or misleading information in their warrant application, law enforcement’s use of an unreliable confidential informant, and another possibility may include that the Judge who issued the warrant erred or misapplied the law regarding the situation.
Matters surrounding the Fourth Amendment and arrest warrants are some of the more complex issues arising in criminal law. By retaining a lawyer who has handled such situations you may increase the chances that your defense is handled correctly. Our Little Rock attorneys have over twenty-five years of combined legal experience in handling such matters and have challenged many warrants in Arkansas Courts. Contact our office 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.