Legal Question in Criminal Law in California

Hi there, a few months back I had charges pressed against me but I have not been arrested yet due to the low amount of the warrant. Anyway, the person that filed the charges against me recently died. So my question is, will the warrant remain active? Or are the charges automatically dropped since the person that filed them is no longer living? Any help would be appreciated.


Asked on 12/15/09, 12:01 am

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

The District Attorney, not the deceased person, filed the charges against you. Individuals cannot "press charges" against anyone; when the police take a report of a crime, they forward the report to the DA, who decides whether to file charges.

The warrant will remain active until a judge recalls it. The District Attorney might ask the court to recall the warrant if the DA learns the alleged victim has died and it is impossible to prosecute the case without him or her.

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Answered on 12/20/09, 12:14 am
Terry A. Nelson Nelson & Lawless

Warrants are forever. You will have to turn yourself into the court and get the case resolved. Hire an attorney to represent you in doing so, and he can try to get the charges dismissed.

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Answered on 12/21/09, 11:31 am


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