My fiance was arrested for violating his probation. He had three years left on his probation. Well , I think there was a discrepancy in his arrest, but maybe not. I hope someone can help me with this. His probation Officer told him to go back home and check into the halfway house and the'll call him in. Well he was about a two weeks or so into the halfway house and the Federal Marshals went to the halfway house and arrested him. They transferred him to a local jail where he stayed a few days, then transferred him to Alexandria for several days and then to Lafayette where he stayed until he was designated to Leavenworth. My question is: Shouldn't the arrest warrant have been signed by the Judge before they arrested him? The Judge made such an issue about this warrant not being signed, stating that he usually sign all warrants so he signed and back-dated it in court. It's all in the transcript. Please tell me that this was wrong! And if it was, what do I need to do?

Yes, complete bull%!@*, I would wait and appeal the final sentence. If you try to interfere with it now they will just issue a new (valid) warrant and re-arrest him. Then he will have to start the process all over again. The feds will probably not give him time served credit for the time he spend incarcerated on the first warrant because you made an issue of their mistake and being how they were wrong (they never admit it), and you have them dead in the act, they will screw him out of the time served. The fact still remains that he was unlawfully arrested from the word go. His lawyer will have a field day with this one.

Thanks for responding. The Federal Defender represented him in his appeal and after waiting several months Well he did appeal and after several months of waiting, (the Federal Defender was so sure that he was going to win his appeal) he lost his appeal. What's so bad about it the Federal Defender never informed him of the outcome. It was after receiving a letter from my fiance' that I found out. I then cintacted the Federal Defender which then told me she had no information on this whatsoever. After repeatedly telephoning her office she finally mailed a letter to him stating that he lost the appeal. She even back-dated the letter to make it appear as if she had mailed it at an earlier date. So, the Federal Defender never challenged the unsigned arrest warrant. I really have a problem with this and need some real good advice. We can't afford a Lawyer, so what do we do?

A. Attempt to contact the PD's supervisor and see what position the office has on the matter. They may be sympathetic to further help.

B. Seek pro-bono help. Sorry, I don't know where ya might look... anyone?

C. He could always file motions himself from prison... He has the right to use the legal library wherever he may be. Plus you would be amazed at how many jailhouse lawyers there are who really do have competent knowledge and skill. (They might want compensation for their assistance, but you'd be amazed how far a few Ramen Soups and a bag of chips will go!)

Sorry I couldn't be more helpful. Best of luck to you all.

Thanks Misanthrope,
This information is very helpful. If you have anything else, I will surely welcome the information.
Thanks Again!