Legal Question in Criminal Law in California

11378 , 11379a ----but it was not me!!

i had found out i have a arrest warrant for a violation where i was arrested and cited out, but i am on probation... what do i do? can i still be charged for a arrest i was not even there for?


Asked on 2/08/09, 6:56 am

2 Answers from Attorneys

Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: 11378 , 11379a ----but it was not me!!

It sounds like you're saying someone else was arrested and cited out?

This kind of mix up is not uncommon. Either the person arrested used your name and may have even had your ID or the paperwork got mixed up when they later issued the warrant. In either case there should be a booking photo or fingerprints from that arrest which can be compared to yours to show that it is not your case.

You will want to get a local attorney or consult with public defender's office if you qualify to get this cleared up as soon as possible. Do NOT wait until you get arrested.

Like I said, this issue comes up often enough that the courts are generally able to resolve it relatively quickly. Once it is determined that the case is not yours, you will be issued a "wrong person certificate" but the warrant is likely to stay active. Keep the certificate with you at all times to avoid future arrest on the same warrant.

Read more
Answered on 2/08/09, 12:11 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 11378 , 11379a ----but it was not me!!

Mixups such as the one you are describing are not uncommon. If indeed you are a wrong person, you should be able to clear this matter quickly, either with the help of a private lawyer or public defender.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 2/08/09, 7:07 pm


Related Questions & Answers

More Criminal Law questions and answers in California