Skip to main content

Question about a capias warrant and my arrest...

Morgantown, WV |

I had missed my court date for a DUI because I never received anything in the mail telling me when it was. The police then showed up at my home and when I answered the door they showed me a capias and then immediately entered my home without permission or a search warrant and arrested me. Are they allowed to do this?

Attorney Answers 1

  1. If the police had a warrant to arrest you (a capias), then they may enter the home for the limited purpose of arresting you. As long as they did not search your home without a search warrant, they acted lawfully.

    You may have other defenses of which you are not aware; and DUI is a very specialized area of law. If you have not done so already, I strongly urge you to contact a local, experienced DUI attorney. You may find such an attorney through the National College for DUI Defense: Most initial consultations are free. So, you have nothing to lose initially.

    Good luck!

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