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Is issuing an arrest warrant after you been arrested a violation of the law.

Virginia |

stop and arrested for duid but later served a warrant

Attorney Answers 2


  1. not likely. as a warrant is a legal document signed by a judge/magistrate, arising from a motion from the state, it carries with it some legal formalism that the officer's arrest may not. for instance, you might not have been booked and printed off of the officer's arrest, you may have been arrested and released at the scene or shortly thereafter, or the state has chosen to revisit the earlier release decision, or the charges may be different, or there may be additional charges...many reasons exist for an arrest warrant subsequent to being arrested.


  2. Generally , the answer is no unless Virginia has some strange arrest laws. Usually in a DUI case, the police officer makes the arrest in the field. Then , you are taken before a Magistrate who hears testimony from the officer to determine if there is enough evidence to issue a arrest warrant . I sorry but you do not appear to have a get out of jail free card yet. However, I would get a copy of the warrant and take it to a Virginia attorney for their review.

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