Legal Question in Criminal Law in California
In May 2008, I was charged with paraphanalia and under the influence. I went to court and it was not on calender. I checked with the district attorneys office every month for 4 months and they said it was pending. I left and went to another state thinking it was over with. 6 months later they charged me again with the same thing. i thought once a charge was made and a court date was set and if noone addresses it that would be the end of the case? am i mistaken?
1 Answer from Attorneys
I'm afraid you were mistaken. The only limiting factor was the statute of limitations, which on a misdemeanor is one year. It is likely the time it took to get the drug lab to render its results that accounts for that delay.
So do you have a warrant out now for not appearing in court? I take it you did not get mail forwarded? If the warrant issued, you can get a lawyer to go to court and recalendar and ask the judge to recall the bench warrant and release you on your own recognizance. He can appear for you unless the judge orders otherwise. Call a lawyer soon and have it taken care of. This could haunt you for many years on jobs and other issues, though it is a very minor charge.
You can get other questions answered on my website if you like or you can call me for a free consultation or both. However, you neglected to state which county your case is in. Your zip says it is in my area, but residence does not equate to where you are arrested.
http://dinday.com/practice.htm
http://dinday.com/results.htm
Good luck