Legal Question in Criminal Law in California

Felony warrant issued on me but innocent

It came to my attention this last week that I have a felony warrant from Chico, CA. on Domestic Violence 273.5 (repeat offender). I did a public record search and discover that in Oct. 2000 I was issued a felon warrant on this. I had been convicted of domestic violence in 1992 which was dismissed in 1994. My problem is this, I had absolutely no contact with my ex-wife since the summer of 1998. According to the court record I saw, the charge was brought up in Oct. 2000, over 2 years since I last had contact with my ex-wife - never mind the fact I never once touched her since the 1992 incident. In addition this alleged charge was posted 1 month after she was granted dissolution of marriage. There are 3 things I want to see happen. First and most important is this charge dropped and my record cleaned of this. Second is if I have a civil case for such a flagrant false charge? Any advice would be helpful. Can criminal charges be brought up against her for filing this false claim? I am currently seeking old correspondance, personal testimony, employment records, etc. to ptove I was across the country from the summer of 1998 and currently. What other information do I need to get to defend myself against this allegation & resolve this?


Asked on 3/25/06, 12:21 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Felony warrant issued on me but innocent

You need a lawyer. The fact that you dispute the charges is not enough to get them dropped. You should continue to gather evidence for your defense but you can't just show it to a judge and ask her to dismiss the case. There is a formal process by which you can do this, and it is called a trial. You may be able to avoid trial if the prosecutor believes your version of events, but you really should get a lawyer to represent you. If you try to do any of this yourself you may very well make your situation worse.

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Answered on 3/26/06, 8:24 pm


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