Legal Question in Criminal Law in California

Re: J-walking warrent

Statutes of limitation say how much time the prosecutor has in which to file charges. Warrants are issued as part of cases that have already been filed. There is no limitations period on warrants, which remain in effect until the subject surrenders, is apprehended or dies.

You should consult an attorney in or near the city where your case is pending. Explain to her why you missed the court date and why you never tried to take care of the problem before. Your answers will help determine the best course of action. Jaywalking tickets are no big deal, but failure to appear is much more serious and you need professional advice.

Good luck.

Re: J-walking warrent

The warrant is to get you into court, not take you to jail. The court wants your money, not your body. So, go to the court (hope you still have a copy of the ticket!?), have the clerk pull the file and send it to the proper courtroom. Then explain the circumstances to the court, telling it you are voluntarily appearing to take care of the matter and enter a plea or set it for trial. Chances are the court will dismiss the ticket and charge you a fine for your failure to appear. However, I'd set it for trial if the court doesn't dismiss it.

Re: J-walking warrent

Warrants are forever, there is no statute of limitations on them. The only way to clear this is to appear in court, or have an attorney do it for you. You will have to either set it for trial [a costly decision unlikely to succeed or impress the judge when it comes time to set the penalty when you lose], or plead guilty and pay the original fine plus a penalty for having ignored the court, in the form of a fine for the failure to appear. Generally, you are looking at a couple hundred dollars total at most, maybe a lot less, depending on the judge's mood that day and the talents of your attorney. An attorney will likely get a lower fine for you than you can do yourself, but will cost attorney fees. If you are from out of area, it would be cheaper to hire an attorney than travel to do it yourself. Contact me if interested in doing this in Orange County as indicated.