Is a arrest warrant valid if a prosecutor signs it and not a judge?
Police description of events and complaint two totally different statements
I believe a defendant may have a good argument that an arrest warrant that was not signed by a judicial officer would be invalid. However, one would need to look at the totality of all the underline facts and circumstances before making such a determination.
You and I do not have an attorney-client relationship formed by our communications on this website. Comments made by me on this website are general advice based on partial information. The comments are for informational purposes only and are not to be considered legal advice. You should not rely on any advice given without first hiring a lawyer and providing that lawyer with full information.
I believe a defendant may have a good argument that an arrest warrant that was not signed by a judicial officer would be invalid. However, one would need to look at the totality of all the underline facts and circumstances before making such a determination.
You and I do not have an attorney-client relationship formed by our communications on this website. Comments made by me on this website are general advice based on partial information. The comments are for informational purposes only and are not to be considered legal advice. You should not rely on any advice given without first hiring a lawyer and providing that lawyer with full information.
Kind of a confusing question.
Reality is that police don't charge people. Prosecutors do. So even if the police account appears to differ from the charges it is probably still legit. Without looking directly at it, I couldn't tell you though.
In terms of the arrest warrant - the prosecutor requests it / the judge approves the same. I would have to see the document. That said, if you are confusing the Felony Complaint with the Arrest Warrant, then it makes more sense, as generally you will just see the signature of the prosecutor that signed the Felony Complaint.
All in all, the reality is that you should sit down with an attorney to determine whether there are any legitimate issues. All we can do online with these limited facts is speculate, which really does neither of us any good.
Best of Luck.
An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney. In order to protect your interests, you should engage with and retain a competent criminal defense attorney who practices often in the court you are scheduled to be in front of if you have been (or believe you will be) charged with a crime in the State of Michigan.
Warrants are issued by judges not prosecutors. Prosecutors request warrants and judges approve or issue warrants. What are you really asking?
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Asker
The prosecutor signed the warrant. A judge never signed it I have copies of files and all the proceedings that took place
Speak to your lawyer about this to learn of there is a remedy.
Asker
I was rail roaded served some time but I know my rights were violated and need help to get this off my record
You served time and now hope to have this removed from your record becuase the prosecutor signed the warrant rather than the judge? I don't think that arugment will prevail. Should have been litigated pre-trial and then subject to appeal. You can't raise the argument now for post-conviction relief. I wish I had better news for you.
