Legal Question in Criminal Law in California

How to deal with a 5 year old bench warrant.

Five years ago I was (illegally) riding a freight train in CA. I was removed

by local police and ticketed (trespassing on railroad property) with

a court date (at _______ County Superior Court). I was a resident of

another state, and when I returned home (before the court date) I mailed

the court stating that I did not have the means to travel to CA for the

court date (I lived far away at the time. I also said that my actions at

the time (riding the train) were foolish, I regretted doing so, and would

not do so again. I also asked if I could instead pay some fine by mail.

The court responded by letter saying a bench warrant had been issued

for my failing to appear in court.

Since receiving this letter I have had no further contact with the court

or anyone else regarding this matter. I have not been back to CA since.

Although I have no immediate plans to travel to CA, I likely will go

back to at some point, and do not want to have to worry about this.

Is it possible to take care of this issue without having to go to CA

(and/or jail)?


Asked on 9/18/06, 11:02 am

3 Answers from Attorneys

Jay Leiderman Leiderman Devine LLP

Re: How to deal with a 5 year old bench warrant.

Sometimes a court will allow a plea of guilty to a case with a bench warrant outstanding without the presence of the defendant if his attorney has the power to enter into a disposition. If you need an attorney to see if this is possible in your case, please contact me directly with more information.

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Answered on 9/18/06, 11:07 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: How to deal with a 5 year old bench warrant.

If a misdemeanor then an attorney may appear on your behalf and have the matter disposed off. Call me directly at 16192223504.

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Answered on 9/19/06, 2:59 pm
Daniel J. Mangan III JuryTrialJustice

Re: How to deal with a 5 year old bench warrant.

As your matter is likely to be a misdemeanor...you may appear through Counsel and have the matter settled...however, absent that, the Bench Warrant will remain outstanding and can have unintended consequenses especially in job searches and/or a denial of benefits.

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Answered on 9/18/06, 12:37 pm


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