Legal Question in Civil Rights Law in California

It seems to be that the police department in a small incorporated town here in Northern California has charged me with possession and turned over to the DA's office who took it to court where a bench warrant was issued for my nonappearance.

I didn't appear because I had no knowledge of the charges or the court date. I have not been arrested, Cited or received any kind of notice about the charges or the court. The 1st correspondence I received on this matter was 4 months after the court date, in a letter from the small town police chief stating that I have a warrant for possession of a controlled substance and that he would use all his resources to locate me if I didn't turn my self in in a REASONABLE amount of TIME. I cleared the FAILURE TO APPEAR Warrant and a new court date is set.

Now here's the time line of events:

September 24, 2010 charges filled,

November 14, 2010 Court Date-Failure to Appear Warrant issued,

February 26, 2011 received 1st correspondence with a letter from police chief about a warrant that doesn't exist but when checking on the warrant found the Failure to Appear.

March 1, 2011 Cleared warrant - set Court date for Plea.

The Question:

Isn't there some kind of failure of Due Process here? How can they Charge me of a crime, take it to Court, Issue a Warrant for my Arrest without notifying me or allowing representation on my behalf?


Asked on 3/08/11, 9:41 pm

1 Answer from Attorneys
Joe Marman Law Office of Joseph Marman

Once you have the warrant cleared, you will be given the opportunity in a trial to prove your innocence. You are starting over now. No worries, unless they have the goods on you.

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Answered on 3/09/11, 8:46 am


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