Legal Question in Criminal Law in California
Faced with a felony
I have a felony warrant stemming from a check with a private party. If I make restituion to them and they agree, can I have the charges dropped or will the courts proceed? Thanks!
2 Answers from Attorneys
Re: Faced with a felony
If you have a warrant, the DA and the courts are already involved, and you risk being arrested at any time until it gets cleared up.
Do not contact or speak even one word to the police, DA or court except through your own attorney. Do not answer their questions, even if they bully you. Do not go to a police station. Do not consent to a search. Do not have any contraband at your home. If you are arrested, shut the && up except to ask for a lawyer. Hire a private lawyer and do not use the public defender. Do not go to court without your own lawyer standing next to you. The lawyer you hire will be able to interface with the system without incriminating you; and will arrange for you to appear in court to be released on your own recognizance pending further court proceedings.
The lawyer you hire will be able to advise you on whether and how to make restitution, and what effect it will have on the court proceedings. Maybe you can get the charges dropped and avoid a serious criminal record that will cause you to flunk your next 50 employment "background checks."
Re: Faced with a felony
"Can" they be dropped? Sure; anything is possible. 'Will' they be? Depends upon the prosecutor and judge, which you'll find out when you appear and handle the warrant and charges correctly in negotiations with them. Just paying back the money does not make the crime 'go away'. It does help show mitigation. If this is in SoCal courts, and you're serious about getting counsel to help you avoid jail, feel free to contact me.
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