I was recently arrested by NSW police. They said a warrant had been issued for my arrest in Western Australia. Apparently I am supposed to have robbed a petrol station in Perth. I have never been to Western Australia and certainly never to Perth. I don’t know what they are talking about. Do I have to let them take me to Perth before I can prove my innocence?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Jo Wilson, Macleod 3085 VIC
- No. You will have a chance to present your evidence at your extradition hearing which will take place in NSW.
- You should talk to a lawyer about how you can prove you were not there. They will be able to find out the details of the offence and obtain statements from witnesses who were with you in NSW when the offence occurred.
- A warrant can be dismissed if the magistrate determines that the warrant is invalid.
- A warrant may be invalid if:
- there are errors within the actual warrant (such as identifying the wrong person); or
- the prosecution and defence agree that the person is not guilty of the offence alleged. This is very rare.