Legal Question in Criminal Law in California

I was arrested in in May 2007, accused of: UNLAWFUL USE IDENTIFYING INFORMATION, GRAND THEFT OF ACCESS CARDS (4 OR MORE), and RECEIVE/ETC KNOWN STOLEN PROP (OVER $400). Charges were not filed against me until September 2007. Regrettably I have been arrested on possession of a controlled substance a couple times since then. Each time I was in custody and/or arraigned for other things, this case was discussed. I was told that my co-defendant in this 2007 case, had made a deal in his plea agreement, that he would plead guilty to multiple Felonies, and in return, the DA Prosecutor would not purse a case against me. This was all good and well until until I recently discovered that on 4-1-2011 a warrant was issued for my arrest on the case........ I'm perplexed and scared to death. I have rebuild my life in every regard. I am clean/sober, employed, and have had NO contact with the law in 5 years. Can I still be prosecuted 6 years after the fact?

Asked on 6/25/13, 4:52 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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To handle a warrant, 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. You�ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release. You�ll try to negotiate a plea bargain on any �Failure to Appear� charge or probation violation that caused the warrant. You�ll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. 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. 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.

Answered on 6/25/13, 5:37 pm

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