Question about a capias warrant and my arrest...

Asked over 4 years ago - 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. Karyn T. Missimer

    Contributor Level 18

    Answered . 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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