Legal Question in Criminal Law in California

I have a misdemeanor warrant in Ventura CA. I was arrested on Feb 26 2009 and released 3 days later when the DA did not file charges in court. Charges were filed 6 months later and I did not find out till now. I was not arraigned. The docket on Aug 8 2009 shows "853.6 P.C. requires booking before arraignment. If not booked, refer to arresting Police Agency." "Case calendared to 08/25/09 at 09:00 AM in 11 for ARRAIGNMENT FIRST APP ." "Complaint filed on 8/4/2009 15:52:44 by VCDA ." The docket on Aug 25 2009 shows "Warrant to issue Warrant of Arrest . Bail is $5,000.00 . Mandatory appearance required."

Will these charges remain forever? How can I remove the warrant?


Asked on 4/19/13, 12:56 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You have to surrender yourself and ask for the court to recall and quash the warrant. You must then defend on the underlying misdemeanor case. I suggest you speak to an attorney, in person. The charges don't go away just because you refuse to show up with the passage of time.

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Answered on 4/19/13, 1:02 pm
Terry A. Nelson Nelson & Lawless

Yes, warrants are 'forever' until cleared.

To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present � which is safer and avoids immediately being taken into custody. You�ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release. You�ll try to negotiate a plea bargain on any �Failure to Appear� charge or probation violation that caused the warrant. You�ll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the country. While this isn't a 'capital case', you now face potential jail and fines, so handle it right. Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 4/26/13, 2:04 pm


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