Legal Question in Criminal Law in California

Misdemeanor for Assault & Battery

I currently reside in Florida but have a misdemeanor in California that's about 2 years old now. Might be able to get this dismissed due to statute of limitations and other reasons surrounding this case. What kind of fees can I expect if I were to hire representation for this case?


Asked on 9/01/08, 9:05 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Misdemeanor for Assault & Battery

I agree with Mr. Lentz.

The statute of limitations won't help you. It applies only to the filing of charges. Since charges have already been filed, the passage of more time after filing is irrelevant. What's more, the limitations period runs only while the defendant is in California; thus, even if you left before charges were filed, time will not run out while you remain outside the state.

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Answered on 9/01/08, 6:15 pm
Terry A. Nelson Nelson & Lawless

Re: Misdemeanor for Assault & Battery

Who told you that there is a 'statute of limitations' on warrants? That warrant is forever, until withdrawn by the court when you turn yourself in and face up to handling the charges the way you were supposed to do. Your other alternative is to wait until you're arrested and transported in chains and an orange jump suit to court on the warrant, but that won't make quite as good an impression on the judge, compared to voluntarily turning yourself in through. Legal fees will depend on the facts and circumstances and whether you want to try to get a plea bargain, or intend to take it to trial, or intend to bring various suppression motions. If this case is in SoCal courts, feel free to contact me if serious about getting the legal help you'll need.

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Answered on 9/02/08, 1:46 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Misdemeanor for Assault & Battery

If the case has been filed and you simply failed to appear, there is a warrant out for your arrest. There is no statute of limitations for warrants. You absolutely need to take care of it, the sooner the better.

It is impossible to quote you a retainer fee without knowing more about the case and where it is. Feel free to contact me by phone or e-mail, if you would like to discuss this further, especially if you are looking to hire a lawyer in Southern California.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 9/01/08, 2:13 pm


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