Legal Question in Criminal Law in California

Re: Bench Warrent in Ca

Well, several times I have resolved warrants and the underlying case for which the warrant was issued without the client coming to court, and two of the cases were felonies.

On one case, the woman was on probation for a felony and she thought she had permission from her probation officer to move to N.Y. A warrant was issued because she stopped reporting to her probation officer. I went to court and the court recalled the warrant and closed the case, without her presence.

On a recent case, the client had pleaded guilty in 2000 for possession of cocaine and was supposed to complete PC 1000, which she never did. She was arrested in DE for possession and pleaded guilty in 2006. They were going to give her a diversion program in DE, but she couldn't get in because of the warrant in CA. I was able to get the warrant recalled here in CA without her presence and the court set a date for 6 months later so that I could bring her in to prove that she completed the program in DE, and that it complied with PC 1000.

I had another case where the guy had a DUI and didn't finish the program and left and went to HI for 4 years. I was able to simply terminate probation and the court closed the case.

It can be done.

Re: Bench Warrent in Ca

You need a good criminal defense lawyer. You might, depending on the court, be permitted to have your lawyer appear to clear the warrant for you without your presence. But, if there is a warrant, that means there is a pending case of some kind. Clearing the warrant only means that you have come to court (or done so through your lawyer). That will not resolve the reason for the warrant. You need a criminal defense lawyer who can readily address the underlying case and advise you effectively and thoroughly of what your options are.

Re: Bench Warrent in Ca

Assuming it is a criminal case that you skipped out on, a criminal defense attorney can go to court and represent you in the case. If it is a misdemeanor, it possibly can be handled by the attorney making appearances for you without you having to come to CA. That assumes the attorney can negotiate a plea bargain deal with the DA and not have to take it to trial; you'd need to come for the trial. If a felony, you will have to personally appear in court for warrant recall, bail review and arraignment, and again for various pretrial hearings leading up to trial, if the case could not be 'settled' with a plea bargain. I just finished doing the same things for another out of state person in the same bind. Contact me if the case is in SoCal, and you want such legal help.