Charlotte DWI Attorney Brad Smith answers the question, “Can the police search my car without a warrant?”
Is there a search warrant time limit in North Carolina?
- NCGA 15A-258
- Enforcement Required
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What about the right to a speedy trial?
Criminal suspects and defendants have the right to a speedy trial. This right is guaranteed by the Sixth Amendment. It is also enshrined in most state constitutions. If a police officer fails to execute an arrest warrant within a reasonable time in the indictment document, he may be violating this important fundamental right.
In California, defendants who have been arrested long after the alleged crime may file a Serna claim through their criminal defense attorney. The name of this application comes from the Serna v. Superior Court of the California Superior Court.6 This motion may argue that the defendant’s right to a due process under the Sixth Amendment and Article I, Section 15 of the California State Constitution was violated
Fork in the Road
If you suspect you have a search warrant, you have two options. You can ignore it and hope that every day isn’t the day you get caught and suffer from the chronic stress of never knowing if you’ll sleep in your own bed, or be able to confirm for sure that you are , or you won’t. have no such court order.
A visit to a local police station is an opportunity for you to find out if you have an outstanding arrest warrant, and your willingness to take proactive steps to resolve this issue may work in your favor if the Case is allegations to deal with. although you may need to take some precautions about what will happen to you and your family if you end up incarcerated. Better yet, working with a bail bond officer can make things easier as they can quickly work with the police to process the warrant and secure your release (which will be the case in all but the most serious of circumstances), after which they can do the positives may take steps to pay fines, participate in legal proceedings, and otherwise clear your name or accept responsibility for your past actions.