Legal Question in Criminal Law in California

In 2006, I was charged with PC 243(e)(1) and PC 242. At the time my ex fiancee and I had split and gone different directions.

To make story short on these charges, my fiancee's mother and I did not get along at all. She was recently going through divorce, and that was starting to get in between my fiancee and myself. Being a stubborn eighteen year old, I was committed to her while trying to keep a safe and sane relationship without mother's involvement. Her mother obviously wasn't pleased with me and viciously fabricated false statements of abuse towards her daughter. My fiancee was finally fed up and called off the wedding, therefor we went our separate ways.

Now, six years later, I applied for a position with a different company. With the company doing a routine background check, they notified me of a six year old bench warrant. I hired an attorney to recall the warrant, but now still facing these obscene charges.

I was never properly summoned to court. My lawyer believes this case could be dismissed because of it. After doing some google research, I find this can be done in civil court, but I can't find a answer in criminal. Can a case this old with no proof violence, no police report, and not properly summoned to appear in court, be dismissed? Are there any other possibilities this case can be dismissed?

I have already paid and exhausted my attorney's retainer. He's now pushing for jury trial for his fee of $7,500, presuming my ex and her mother don't show to court.

I have never committed a crime other than a speeding ticket two years ago.

I feel I'm going into this horrific situation blind. Any advise will be greatly appreciated.


Asked on 3/21/12, 2:21 pm

3 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

You ask a very good question, but it is not easy to answer this with email. It requires a conversation. I would be happy to speak to you about this, and I know I can give you some good information that you're not getting now, so feel free to call me at 310 393 0639. It IS a horrific situation and you ARE essentially blind. I can help you see. Steve Mandell

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Answered on 3/21/12, 2:35 pm
Joe Dane Law Office of Joe Dane

Has your attorney filed a Serna motion? That's the way to get an old misdemeanor case dismissed if the government fails to take reasonable steps to locate and arrest you on a warrant.

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Answered on 3/21/12, 2:58 pm
Glen Fleetwood Mister DUI-800-468-2-502

There is a strange hole in the story-a warrant requires a filing. So when was the action filed??

More importantly, were you ever arrested? In California that triggers another time limit. Were you served notice there was a court case, in other words, was it mailed to the address the DMV had for you, but you had moved? MORE to the point, did you "forget" to tel the DMV you had moved and so the DMV did not have your correct address?

In other words, "WHOSE FAULT IS IT THAT THE CASE HUNG AROUND FOR SIX YEARS WITHOUT YOU GOING TO COURT?"

Yours? You have 2 charges, the spousal abuse\DV, and failure to appear.

The DA's fault? File Serna\Marion, and walk on both cases.

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Answered on 3/21/12, 5:03 pm


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