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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


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!

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12 officers broke open my home and searched it CLAIMING to have a "Capias" for me, (Who was not there) however they Never provided any proof of it to My Husband, who they slammed up against the wall and choked as SGT Bob Keifer of Sarasota County Sheriff Department yelled at him "I don't have to show you anything" We need a Lawyer or Lawyers who are willing to take on Sarasota County. There is no way what they committed is or was legal. They also Searched our Home, that they broke in to and Seized Property from our home and charged my Husband with 26 Charges. Know anyone who can help us with this down our way?

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