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NSW How to Know if Arrest Warrant has been Issued?

Discussion in 'Criminal Law Forum' started by Alan Hasberry, 26 March 2016.

  1. Alan Hasberry

    Alan Hasberry Member

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    Is there a way to find out if an arrest warrant has been issued for my arrest without my knowledge? E.g., such as a summons being sent to the wrong address?
     
  2. Tim W

    Tim W Lawyer

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    A summons and an arrest warrant are not the same thing.
    Which one are you the most worried about?

    If a warrant has been issued for your arrest,
    then you could always just walk into a police station.
    If has been, then you can be taken into custody (you never know, you might get bail),
    or if not, then, absent anything other criminal matter outstanding against you,
    you are free to just walk out again.
     
  3. Alan Hasberry

    Alan Hasberry Member

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    Hi Tim,

    What if I am not currently in the country or state? Is there some way to check without returning? Can a lawyer check on my behalf?
     
  4. Tim W

    Tim W Lawyer

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    What you are actually asking here is
    "If there is one, is there some way I can evade arrest?"

    Which makes me wonder - why do you think there is one?
     
  5. Armani

    Armani Member

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    Yes, I'd like to know the answer to his question too. How do you find out if you're not in the country?
     
  6. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi all,

    I'm not a solicitor.

    OK, look this is a pretty common question. Loads of people seem to wonder if they can find out if it is "safe" to come back to Australia, and more importantly, how do they find out, with certainty if they will get arrested or turned around at the airport.

    There is no way to find out.

    The police are allowed to lie in order to catch criminals. So, if a Solicitor phones the cops, gives them your name and DOB the cop will say "no, they're fine".

    But you're still going to get "taken aside and interviewed" when you present your passport.

    If you get a solicitor to phone and check, a diligent cop will probably highlight or flag that you are likely to fly in sometime soon.

    Good luck, and have fun with the strip search.

    Regards,
     
  7. Tim W

    Tim W Lawyer

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    Let's be clear about a few things.

    1. A warrant for your arrest can be issued by a court in circumstances where
      the person named in the warrant is reasonably suspected
      of having committed the offence described in the warrant.
      Bear in mind that there are many offences for which a person can be arrested without a warrant.

    2. You will almost never be arrested for an unpaid civil debt.
      Which is not to say that you will not face other kinds of enforcement action
      in the future (such as seizure of property).

    3. In NSW, you will almost never go to gaol for an unpaid fine.

    4. An arrest warrant, a summons (for example, to be a witness)
      and a Court Attendance Notice are different things.

    5. Judgement Orders (orders made by the court during or to finalise a proceeding)
      are different again.

    6. Failure to comply with orders can be an offence, separate and additional to the matter
      in respect of which the orders were made.

    7. If you are someone for whom an arrest warrant could be,or may have been issued,
      then you probably already know why and what for.
     

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