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River Edge Warrant Lawyer
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Warrants are documents issued by a judge that allows the police to perform a search, seizure, or arrest. The U.S. Constitution and the New Jersey Constitution each require law enforcement to have a warrant before doing any of these things except in particular circumstances. If your rights were violated by law enforcement, or you’re worried about being a suspect in an ongoing investigation, talk to one of our skilled River Edge criminal defense attorneys today. Brickfield & Donahue can offer you experienced criminal defense lawyers passionate about fighting for the rights and freedoms of our clients.
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Types of Warrants
A judge could issue different kinds of warrants allowing law enforcement to do different things related to an ongoing investigation. The various warrants include the following.
A search warrant is issued to the police, so they have the legal right to search and seize objects belonging to you or that are on your property. Search warrants will allow them to look for and “seize” any evidence they find in a particular area. To get a search warrant, law enforcement must convince a judge there is probable cause to believe there is specific evidence in a particular area that needs to be explored.
An arrest warrant allows the police to place people under arrest for committing a crime. When police investigate a crime, they need to present proof that the defendant committed the crime before they can lawfully arrest a person for it. Arrest warrants can be used to enter the home of the accused and arrest him or her there if law enforcement believes the defendant is there. The defendant can also be arrested in public. However, to arrest a defendant in someone else’s home, the police must have a warrant to search his or her house.
Bench warrants are issued from the judge’s seat. It is used to bring someone into court to address the issue, whether it is a criminal charge, unpaid traffic tickets, or other court proceedings. Judges have the authority to issue a bench warrant so police will arrest someone and bring him or her to court.
When Are Warrants Not Needed?
In some cases, law enforcement doesn’t need to wait for a warrant to take action. Most of these cases are administrative; for example, the police can search your things if you are arrested and brought to jail. Other situations are called exigent circumstances (or exigencies). These are situations where getting a warrant might endanger someone because the process will be too slow. For example, in the following circumstances, a warrant would not be needed:
- Hot pursuit: an officer is pursuing a defendant who enters a home
- Health or safety: an officer can enter a building to protect the health or safety of another person
- Preventing the destruction of evidence: an officer can enter a building or seize evidence to prevent it from being destroyed
Contact Us About Your Case Today
If you’re unsure whether or not your property was rightfully searched and seized, or you’re facing criminal charges after a judge has issued a warrant, don’t hesitate to call us. Our experienced Bergen County criminal defense attorneys will work to get your case dismissed or acquitted. If we can’t do that, we will fight to minimize criminal or collateral consequences through all possible legal means. The lawyers at our firm work in the client's best interests, so we are diligent and aggressive in our goal of protecting our client's rights and freedoms. Let us see what we can do for you.
Contact us at (201) 574-7919 or fill out our online form to schedule a free case consultation today.