Legal Question in Criminal Law in California
In 2009 I got arrested for possesion/transportation of illegal substances with intent to sale and got community service with 3 yrs probation. My community service ended on 2010 but I did not finish all the days that I was given. And now I have a bench warrant with no bail. Is there anything I can do?
4 Answers from Attorneys
You need to hire an attorney to recall your warrant for you and get you an extension. You need to do this as soon as possible because if you get picked up, you will go to jail.
Feel free to call me with any questions or a free consultation.
Elliot Zarabi
www.zarabilaw.com
213-612-7720
By not completing the community service you were ordered to do, you're in violation of your probation. If you're found by the court to be in willful violation, the judge can sentence you to any remaining time left on your case.
I would strongly encourage you to either speak to the original attorney that handled this case and plea or hire a new attorney to get you in front of the judge to get the warrant recalled and keep you out of jail if at all possible.
This is NOT going to be a do-it-yourself project.
To properly handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new �Failure to Appear� charge, then negotiate bail or OR release, and then negotiate a new deal on the probation violation you committed that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the US. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, and may enable you to get your probation and programs reinstated. If this is a felony case, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Hire the best attorney you can, I would call Rick Mueller for any San Diego failure to appear. he is on this board, maybe he will chime in.
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