Legal Question in Criminal Law in California

I was placed on 4 years probation and ordered to do 8hrs community service and attend a court approved batters treatment class on October 22, 2012. I enrolled in the treatment class but I was soon laid off my job. I informed the instructor but he said there's nothing he can do. I became financially unstable and was unable to continue attending. On December 17 I had surgery. I had a splenectomy at kaiser hospital this further delayed my attempts to complete the 8 hrs. I had 2 extensions. I attempted to complete the hrs at a good will industry but they turned me down and directed me to some court related located to begin community service process. By this time it was too late. I didn't have the hrs. Dropped out of DV classes and expected to present myself in a day or two from then. I was worried and desided not to report BECAUSE my girlfriend was a week shy of her due date. I didn't want anything to keep me from expirencing the birth of my son, Kristian. I want to tell the judge all of this but that would reveal that I violated our restraining order. I'm so discouraged and scared. I don't want to be away from my family. Please help. I desperately need advice.

Sincerely,

Mateo T Ocampo


Asked on 3/14/13, 7:08 pm

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

You need to talk to a lawyer immediately. If you have missed court appearances or meetings with a probation officer there may be a warrant out for your arrest. You will be much better off if you meet with a lawyer and make arrangement to surrender or to get back on calendar before you are arrested. Assuming that a lawyer represented you at the plea you should talk to that lawyer. If not you should retain a lawyer. If you qualify for appointed counsel you should talk to the public defender.

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Answered on 3/14/13, 8:38 pm
Terry A. Nelson Nelson & Lawless

To handle the arrest warrant you now have, you must turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present � which is safer and avoids immediately being taken into custody. You�ll try to negotiate a recall of the warrant[s] and bail reduction or OR release. You�ll try to negotiate a plea bargain on the �Failure to Appear� charge and probation violation that caused the warrant. While this isn't a 'capital case', you now face potential jail and fines, so handle it right. Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, and may enable you to get your probation and programs reinstated. 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, feel free to contact me.

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Answered on 3/15/13, 11:43 am


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