Skip to main content

Can a sheriff who has a direct financial interest in sheriffs sales of foreclosed homes arrest a minister who has been helping

Marietta, GA |
Filed under: Criminal defense

homeowners who have been ripped off by their mortgage companies and are in or headed for foreclosure by doing very effective mortgage mods, no licensing requirements in place at that time, arrest and incarcerate that minister, without violating the conflict of interest laws?

Attorney Answers 5


  1. If by "helping" you mean the minister has been breaking the law and using religion as an excuse, then not only CAN the Sheriff arrest him, but the Sheriff SHOULD arrest him. If what the minister is doing is entirely legal, then the Sheriff should leave him alone.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.


  2. I am not sure what you expect to gain by asking a vague question with only your version of the story. Most people arrested and charged can come up with one of those questions.


  3. If the minister has been charged with a crime, and there is probably cause or a warrant the sheriff is supposed to arrest him.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  4. I urge you to meet with a lawyer. No lawyer in their right mind is going to give you the dispositive answer you want in such a fact dependent case this forum.


  5. As you can see from the other responses, there seems to be a lot more going on with this situation. If you are asking whether a Sheriff have someone arrested for nothing more than just that the arrested person is helping people and not breaking the law, the answer is that he could arrest them but be looking at a lawsuit for doing so. However, most Sheriff's have at least some understanding of the law, and there has to be a basis for a warrant before a magistrate will sign it. Therefore, he has to have hung his hat on some criminal charge, so playing defense is the first thing the minister needs to do by hiring a lawyer to handle the charges. Then, if the charges are bogus, move on from there. However, it is no conflict of interest for a Sheriff's department to arrest a person on a warrant where the Sheriff has an interest. That is what the Sheriff's is required to do based on the warrant.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics