Legal Question in Criminal Law in California

I have a drug related case in California that I plead down to misdameanors. I served the road crew time then had a child and moved to Indiana without finishing paying my court fees. I just found out that my old charges have been reinstated for lack of payment. If I pay the fees will the felony be reversed to plea


Asked on 2/22/12, 9:27 am

2 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

NO. You broke the plea bargain you made with the court. You have new charges pending, failure to pay fine, and a PV. These are great cases for a lawyer to plea bargain down, but you cannot pay the fine and make it go away. You have an outstanding warrant for your arrest. Call a lawyer, and be more candid about your case, it helps YOU. "drug related case"? This is not the time to hide facts from those trying to help you.

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Answered on 2/22/12, 9:32 am
Terry A. Nelson Nelson & Lawless

No, you now have a felony arrest warrant outstanding.

To properly handle warrants, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new �Failure to Appear� charge. You�ll try to negotiate bail reduction or OR release. You�ll try to negotiate a plea bargain or take to trial the outstanding charges that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the US. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, and may enable you to get your probation and programs reinstated. 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 2/22/12, 2:55 pm


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