Legal Question in Criminal Law in California

A person was arrested back in September, 2011, for a crime. At that time - he had to post a $75,000 bail and was released. Subsequently, he showed up in court of 5 consecutive arraignments over the next several months; same thing happened - "No criminal complaint" was ever filed.

The case was apparently deemed "closed" on 2/28/12 - the crook thought he was off the hook. On 2/29 - the online court case showed "Sesslin Affidavit issued" during a warrant hearing. Then on 3/7/12 the site said: "Complaint filed - WARRANT issued for arrest - Bail ordered at $50,000; may not forfeit bail" appeared next to this proported criminals name.

What does this mean and why wasn't he charged during w/a complaint during subsequent arraignments? Who files a "complaint"? The DA or the victim? Confusing but I want to know if "Bail may not be forfeited" means that this person will finally go to jail or does this pattern now just repeat itself if he posts a percentage of this new bail?


Asked on 3/15/12, 8:36 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

It means 'he' was wrong in his understanding and interpretation that the case was 'over', and that there is now a warrant outstanding for his arrest, one that does not allow him to be bailed out before a court appearance.

To properly handle warrants, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new charge. You�ll try to negotiate bail reduction or OR release. You�ll try to negotiate a plea bargain or take to trial the outstanding charges that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. Effective plea-bargaining, 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, and if this is in SoCal courts, feel free to contact me.

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Answered on 3/16/12, 2:49 pm


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