My son violated his probation and has a warrant for his arrest. (Misunderstanding for incorrect court date)
3 attorney answers
This question seems to relate more to what the police can or can't do than your son's warrant. The answer to that is that it depends. If the police were somewhere on your property where any citizen might be expected to lawfully go, then the officers could be there as well and they could look into your windows.
You stated that your son "violated his probation and has a warrant for his arrest" but then you stated that it was a "misunderstanding for incorrect court date." A violation of probation usually occurs due to the defendant missing a meeting with the probation officer, failing a drug test, or not completing some other condition of his probation. A capias is issued by the judge when the defendant misses a court date (not necessarily for a violation of probation). I attached an article that explains what a capias is. I have also attached a link about probation violations and hearings.
You certainly want to speak to an attorney about this. If your son has been doing well on probation and only missed a court date, he may be able to have his probation reinstated. Also, he may not be in violation if all he did was miss a court date and it was not his fault.
He should surrender in court with his lawyer first thing this morning.
The bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).
In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it'll heal itself / go away) then more time that it has to metasticize and destroy you from within.
Your son may well have defenses to his charges, I don't know. What I do know is that right, wrong or indifferent that the warrant is a veritable cancer which will almost surely prejudice him, whether with the Court, the State or both, sometime down the legal pike.
I hope that I have been helpful in answering your question.
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