Legal Question in Criminal Law in California

Lost court file

About 20 years ago my grandfather was arrested for a dui that also involved an injury to a other person in the car. He went to his court date and was fined some cash and his license suspended for some time all other charges were dismissed. This is the problem. A warrant for his arrest is now outstanding. We called the courts and they cant seem to understand or explain how the warrant could just come up after 20 years with no problems or records of him not going to court. They could not even find the file or any record of the of the arrest from 20 years back it took a month of searching to find it and now that it is found they have no record of him going to court. Now after tons of calls the only conclusion they come to is to surrender himself to the court and if nothing else to try the case again. The court had also told me at first that it was past the statutes of limitation so it could not go back to trial not to mention that everyting was cleared 20 years ago .

but now they say that since they cant find anything that they might have to. My grandfather is almost 76 years old now and has heart problems even thinking about going to the court is to much for him.

please any advice will help. Thankxxx.....


Asked on 5/19/99, 4:12 pm

2 Answers from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Re: Lost court file

Hello,

No attorney can give true "legal advice" without

studying all reports and records. With that in mind

I suggest the following approach.

The statute of limitations applies to the time

period between the event and the date that the

charges are filed. This does not seem to be your

problem. The delay is between the filing of charges

and the bringing of the suspect to Court (according

to their version) A person has statutory AND

constitutional rights to speedy trial. When the

State delays bringing a person before the Court,

even a one year delay is inherantly prejudicial.

Obtain competent counsel and I feel certain that

the matter can be derailed. No sane cop could claim

to even remember the events.

However, I suspect that when all the initial

dust clears, it will turn out that somehow your

grandfather failed to pay all his fine or to provide

proof of some alcohol school and that this is really

a probation violation proceeding. He nonetheless

still had a right to be advised and brought to court

promptly. It still ought to be dismissed.

Good Luck

Larry B. Bruce

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Answered on 5/26/99, 2:41 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Lost court file

Contact the district attorney's office and talk to one of the deputies about the case. Explain that the incident occurred 20 years ago. Get a statement from your grandfather's doctor stating his physical condition and the detrimental effect that going to court will have on him.

If the DA will not dismiss the charges a motion to dismiss could be filed. The case is so old that it violates state statutes regarding time to act and both the US and state constitutional rights to a speedy trial. Your grandfather will have to appear in court unless he hires an attorney. Even then he may have to appear in court.

Another possibility it to contact a local consumer protection person, such as in the news paper, a radio station or television station and ask for help. Also contact your county supervisor's office and state legislators about the problem. It seems unlikely that the DA will want any publicity on a case this old.

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Answered on 5/25/99, 4:14 pm


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