Legal Question in Criminal Law in California

Re: How dose a warrent all of a sudden pop up 8 years later

Attorney Stone offers some good advice in telling you not to plea. The delay in time certainly may make the case harder to prove, although they do appear to have your own confession, which won't help.

That being said, Mr. Stone is wholly misguided in his assessments that PD's will only try to get you to plea. Most PD's are the MOST knowledgeable criminal attorneys in ANY courtroom. They take more cases to trial, by far, than almost any private lawyers and are generally BETTER trial lawyers as a result. Of course private lawyers will always downplay the PD. Simply put - private attorneys want your business. If you stick with the PD, they lose money.

My advice is to stick with the PD who will do as much, or more, for you than any private lawyer and at a fraction of the cost. If you chose to hire an attorney, please hire a criminal lawyer, not someone who dabbles in everything.

Tell your PD to file a SERNA motion, which is a motion to dismiss for failure to timely prosecute the case. He or she will know how to do this. Based on your facts, it sound like you have a shot at an outright dismissal.

If the motion fails, you might consider a jury trial and then you can see firsthand how hard your PD will fight for you.

Re: How dose a warrent all of a sudden pop up 8 years later

You need to consult with an attorney regarding this matter. The delay in the following the investigation may be sufficient to result in case being dismissed. The DA may also have witness problems. The people working security in stores move around alot. They may not be able to find the witnesses. If neither of the above is viable than you may be able to plea bargain the case so that you only have to pay a fine.

Re: How dose a warrent all of a sudden pop up 8 years later

I do not agree with attorney Johnson that you should consider a plea bargain. While you were really stupid to cooperate or admit responsibility, the delay in prosecution violated your rights (since YOU now cannot find witnesses 8 years later). The PD will sell, sell, sell you on a plea -- that is all they do. But a plea in your case would be a really bad idea since, if you receive any kind of theft conviction, that is essentially an economic death sentence, you won't ever work again. Try harder to get the money for a private lawyer. Your whole life is at stake.