Legal Question in Criminal Law in California

I was in Los Angeles for the summer in 1999. I went back to school out of state before the court date. The baton was/is legal in TX (I think, because I was able to purchase it there from a "normal shop/store"), and it was in my trunk during the traffic stop.

I came back to LA in 2005 and received my DL with the same # from the DMV with no problems. I received a traffic ticket in Long Beach without getting arrested when I came back. I did a court house search in 2005 and I was not able to find any info on my case. I have gone through background checks for employment without any issues.

I just recently found out over the weekend that I have a Bench Warrant in Long Beach. The LEO who informed me let me go. I would like to clear this up. What are my best-case-scenario options.


Asked on 7/22/10, 1:17 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

It seems like you left off the first paragraph of your question, but it sounds like you have an arrest warrant for a violation of Penal Code 12020, possession of a baton, which is a "wobbler" that can be charged as a felony or misdemeanor.

Worst case? Three years in state prison, which is unlikely unless you have a horrible prior record.

Best case? A lawyer manages to get the case dismissed due to the delay.

I'd encourage you to hire an attorney to handle this for you immediately. A judge is far more likely to let you remain free without posting bail if you walk into court on your own instead of waiting to get arrested and dragged into the courtroom in handcuffs.

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Answered on 7/22/10, 9:07 am
Terry A. Nelson Nelson & Lawless

Your only option is to go to court and deal properly with the charges, as you should have done in the beginning. Otherwise, that warrant is going to hang over your head. If your attorney can present the kind of defense and arguments you claim, there is some chance of winning or getting a decent plea bargain, but never any guarantees. You face a reality that you skipped town and ignored this court, so you have to overcome that bad attitude toward you. It can be done. If serious about hiring counsel to help you, feel free to contact me.

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Answered on 7/22/10, 3:37 pm


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