Legal Question in Criminal Law in California

i was arrested for petty theft in 2001 and i served 4 days in jail and was given probation (informal) & ordered to pay fees (restution). I moved shortly after to a diffrent city & county (same state), worked and held a valid active drivers license for the state. I have been stopped & cited two times for traffic tickets (regastration & license) even though they both were active and the citations were later dropped. I had vistited my friend in county jail and in state prison (where in order to visit they mst do a background check). I thought all was well. Recently I applied for a job and was told that I have a bench warrant. When I checked with the court (online) it says that my probation was revoked in May of 2001 for non payment of fees. I have moved several times in the last 9 years, remarried and had two more children. I have no idea where any of my court copies are since it's been so long, and i thought the case was over. What should I do? I am scared that I will be arrested. Does a motion of Serna apply since it's been 9 years & nothing has happened? I was not aware of any of this until two days ago.


Asked on 7/31/10, 10:38 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Go see the judge. It's highly improbable that you would be arrested. I predict nothing bad will happen. Get to court first thing in the A.M.

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Answered on 8/05/10, 10:45 am
Terry A. Nelson Nelson & Lawless

You can be arrested if you don't clear this up. I'm amazed you haven't been. You clear it up by returning to that court, having the clerk's office pull your file and send it up to a judge, then explain the situation to the judge. You will need to convince the judge you paid, which the court records don't show. Maybe you can get copies of cancelled checks from your bank, or even your checkbook register, or credit card records, or other evidence of how you paid. If not, then beg for mercy and ask to pay a small fine or portion of what was due if he won't waive the whole amount.

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Answered on 8/05/10, 11:31 am
Anthony Roach Law Office of Anthony A. Roach

You are correct that it is commonly called a Serna motion, from the case Serna v. Superior Court (1985) 40 Cal.3d 239. Obviously the delay in bringing this to your attention has caused problems for you to prove that you paid the fees. (I'm assuming you did pay the fees, nine (9) years ago.)

I would suggest you get a lawyer, or talk to a public defender at the courthouse where your original charge was.

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Answered on 8/05/10, 1:11 pm


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