Los Angeles Criminal Law Blog
     


Mos Def and Arrest Warrants

Posted on: November 12, 2008 at 11:15 a.m.

Two warrants were issued for the acting and hip-hop star Mos Def, real name Dante Smith, in connection to a clash with a fashion photographer in August. Mos Def faces charges of felony robbery and malicious destruction of private property after photographer Volker Corell claimed the rap star ripped a camera from his neck, smashed it to the ground and then took off with it.

An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual. Warrants are typically issued by courts but can also be issued by one of the chambers of the United States Congress or other legislatures (via the call of the house motion) and other political entities.

In the United States, an arrest warrant must be supported by a signed and sworn affidavit showing probable cause that:

- a specific crime has been committed, and
- the person(s) named in the warrant committed said crime.

An arrest warrant differs from a bench warrant in that a bench warrant is a court order that is issued after a person has failed to appear in court. If a person fails to appear in court, the judge may issue a bench warrant, which will allow law enforcement to detain the person. The purpose of a bench warrant is to achieve the court appearance of a defendant who is involved in a pending criminal action.

Once a person is aware that a bench warrant or arrest warrant has been issued in his/her name, it is always in his/her best interest to retain the services of a qualified criminal defense attorney. A warrant can lead to enhanced legal consequences such as jail time, fines, and probation. For this reason, it is always advisable that people consult with a defense attorney once a warrant has been issued for their arrests or detainment.

Kestenbaum, Eisner & Gorin, LLP is a criminal defense law firm that has been helping clients throughout Southern California contest their criminal charges and obtain superior results for years. Our skilled warrant attorneys have over 50 years of collective court room experience and we are fully prepared to undertake our clients

Tagged as: bench warrants, counterfeit goods pc 350

Comments:

Tatiana Vardanyan on November 30, 2008 at 10:54 p.m. wrote:

I strongly believe that the paparazzi need to have ethical guidelines as in other respectable professions. Especially after the Mathew McConaughey incident where several paparazzi's were attacked and injured as a result of a group of surfers attempting to defend McConaughey. Police reports were filed for battery but no arrest was made. Ethical guidelines need to be implemented for the safety of actors, paparazzi's, and innocent bystanders.


Stephen Kim (Comm. 174) on November 25, 2008 at 2:30 p.m. wrote:

I'm not favoring any one side, but I believe the paparazzi is at just as much at fault as the angry celebrities also. They seem innocent, but many use aggressive tactics that invade the privacy of celebrities. Sure, they have the 1st Amendment and they are permitted to take pictures of famous people in the public. However, some photographers go too far to make a profit off of their photos (even by obtaining them illegally). Celebrites are still people too, and who wouldn't be aggravated by the paparazzi's behaviour. Unfortunately, angry celebrities like Mos Def and Kanye West have been pushed to the point of retaliation, but in a manner that breaks the law also. After doing some research, I found that the state of California passed an anti-paparazzi law in 1999, which was then expanded on September 30, 2005, to punish 'paparrazi for altercations caused by their activities.' If Mos Def and other angry celebrities can keep this in mind, they no longer have to retaliate in a violent manner. Instead they could turn the tables on the photographers and put them on the spot as a defendant.


Kelsey Claire (Comm. 174) on November 24, 2008 at 5:49 p.m. wrote:

I believe this case is most likely to be resolved out of court. Lately, with the rise of technology and shows such as TMZ, those in the spotlight are being hounded by paparazzi. In my opinion, in cases where stars and the paparazzi get into quarrels, the public seems to side with the celebrity and the right for his or her privacy. I think the DA will most likely see it is in thier best interest to offer Mos Def some type of lenient plea bargain before this case reaches a jury.


Alok Jethanandani (COMM. 174) on November 18, 2008 at 2:05 p.m. wrote:

Mos Def's arrest warrant is similar to Kanye West's arrest warrent at LAX. However, charges against Mr. West were dropped because he was being pursued by an aggressive paparazzi. Mos Def's situation is similar but he broke the equipment of a photographer who was invited to the event (apparently a fashion event in Sin City as reported by TMZ). These details will put Mos Def is a less sympathetic light; unless the details of the case are reviewed it is hard to tell why Mos Def broke the camera belonging to that photographer.




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