Legal Question in Criminal Law in California

I was caught when i was 16 helping my boyfriend steal a $20 bracelet at sears. I missed my court date due to no transportation my mom called and i believe made another court date and i missed that one too. Im 18 now and it has been exactly 2 years and i tried to get my license and found out i had a citation. I honestly forgot all about it. My mother told me she called and talked to a lady 2 years ago and she said i wont have a warrant just a hold on getting my license. I am going to be chared as a minor and I'm on tape putting the bracelet in my pocket then handing it to him and he put it in his pocket. I was suppose to receive a paper stating a fine to pay but i don't remember getting it. I haven't received any phone calls or mail about it. I'm going to court after the holidays just incase i get jail time I want to spend the holidays with my son. When i go to court whats the chances of getting jail time? I have went to court since for custody and i didnt get arrested or even confronted if that means anything


Asked on 12/13/11, 11:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you failed to appear at a court date, you likely have an arrest warrant, not just a license hold. To properly handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the �Failure to Appear� charge, and then negotiate or take to trial any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, would possibly keep you out of jail. Since this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. 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, and if this is in SoCal courts, feel free to contact me.

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Answered on 12/14/11, 4:00 pm


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