Legal Question in Criminal Law in California

I missed a follow up court date for the dej program after my arraignment because I was hospitalized until a week before the court date. However I sufferred two seizures and my memory was severely afffected. I couldnt remember anything that happened at the hospital and because of my irregular behavior and loss of memory the hospital recommended that a caregiver take care of me until my I regained my mental faculty. It is twelve after my court date and I just regained some memory and I checked my court date and saw that I misssed it. In the minute order the court wrote that the bond was exonerated. Does that mean I shouldnt worry the bond anymore because I just sent them the minute order which explains that the bond was exonerated. Please tell me what I should, I have all the documentation from hospital which I am guessing the court will was to see. I just want to know what to if the bond is exonerated, and finally what happens in this situtation what happens in this situation. Thank you


Asked on 4/29/12, 11:11 am

3 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

You shouldn't worry about the bail. It was exonerated and it's a non-issue. You were released on your own recognizance when the bail was exonerated, and you remain so. However, your failure to appear may have caused a warrant to be issued. That could, but probably won't, trigger a new requirement for bail. I say this because your explanation for why you missed the court date is excellent, and should be all you need to straighten things out. But I don't know which judge you were in front of, and that can make a lot of difference in the outcome of this failure to appear. You should go to court at the absolute soonest time and offer your explanation to the judge (bring all the documentation that you have and the judge will look at it). Better still, ask the attorney who represented you to handle this for you. If you didn't have a lawyer (or a public defender), you might want to have one now, just to make sure that everything goes well, as it should. If you'd like to discuss this with me further, don't hesitate to call. Good luck. Steve Mandell 310 393 0639

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Answered on 4/29/12, 5:26 pm
Terry A. Nelson Nelson & Lawless

You need to get back to that court as soon as possible to seek the court's reinstatement of your probation terms or other relief needed. With proof of what you claim, the likelihood is high that the court will grant that motion. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 4/30/12, 12:19 pm
Anthony Roach Law Office of Anthony A. Roach

The old bond is exonerated. But that does not stop the judge from issuing a new warrant for your failure to appear, and require bail on the failure to appear matter.

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Answered on 4/30/12, 7:52 pm


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