Legal Question in Criminal Law in Indiana

What should he do?

My brother was arrested in July for failure to use a turn signal. He was snatched from his vehicle,stunned and arrested. He bonded out the next day and went to his court date where he was told he didn't have a case on a couple of occasions. The police took his car the day he was arrested and still has it today. Just recently they issued a warrent for his arrest saying they found drugs in the car in which they have had since July! What should he do now?


Asked on 11/22/08, 8:51 pm

4 Answers from Attorneys

Stephanie Galetti Knapp Ohl & Green

Re: What should he do?

I have to agree with the other post. The police do not arrest people for failure to use a turn signal. Perhaps he had a warrant or there were drugs in plain sight or something of that nature (certainly more than he has told you). However, upon an arrest, the police do have the right to search a vehicle (it's called a search incident to arrest), and also have the right to impound the car. If your brother did not have the money to get the car out, it would not surprise me that the police still have it. In any event, your case is lacking facts, and I would advise that your brother seek the assistance of an experienced criminal defense attorney (or make sure he is appointed a public defender if he cannot afford one - he would not be enititled to one on the turn signal offense, but I suspect, from your facts, that he was charged with other, more serious offenses).

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Answered on 11/24/08, 9:52 am

Re: What should he do?

He should definitely have legal representation! Either you are missing some facts or someone (clerk's office, police department) was mistaken.

First, the arrest warrant was likely issued because the court records indicated your brother failed to appear in court on his cases. Even if he was in the courthouse on the date and time of court, the judge can issue a warrant if he never saw the judge. If there an arrest warrant out for him, he needs to get that "quashed" by motioning his case into court.

This means asking the clerk to set his case on a certain date so he can explain to the judge why he wasn't in court and try to get the warrant quashed. This is best handled by an attorney.

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Answered on 11/25/08, 2:02 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: What should he do?

Hire an attorney!

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Answered on 11/25/08, 8:00 pm
Motty Stone Law Offices of Motty Stone

Re: What should he do?

There is more to this story as the police do not arrest people (or stun them) for failure to use a turn signal. Either your brother was arguing or the police were in committing some serious civil rights violations.

In either case, your brother needs an attorney to handle what appear to be several charges. Please feel free to give us a call if you want to talk.

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Answered on 11/23/08, 5:49 pm


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