Legal Question in Criminal Law in California
I plead nolo to theift of utilities 2003 and was given 8 years summary probation and restitution of $1100 (I have no other record). 2008 I was advised that the length of 8 years was illegal and to contact public defender's office to 'terminate probation'. Public Defender office gave me the 'run-around' saying first "they" had to be appointed to my case (with no advise how to do so)and 2nd the restitution had to be paid off first. I'm 72 years old and gave up trying. 03/30/2011 my 8 years probation was completed. I checked my case online today and found out that (without my knowledge) 10/20/2010 the Court ordered my probation revoked "failed to comply with probation terms-restitution to County of San Bernardino of $924" - a bench warrant for $5000 was issued and I am now a "Fugitive". Also, 09/14/2007 (same case number) my probation was continued on original terms/conditions with the following modifications: Court orders fines & fees suspended.
What do I do now?
MD
2 Answers from Attorneys
What you were told to do so many years ago. Go in and ask the court to appoint the public defender to represent you.
Unfortunately, you must deal with the current court proceedings, no matter how you feel about the errors or problems. You must turn yourself into the court, with or without an attorney, and try to negotiate a plea bargain on the warrant and �Failure to Appear� charges, and any outstanding charges. Doing so voluntarily will result in a better outcome than you being brought in cuffs to court after arrest on the warrant. That will happen if you come in contact with law enforcement or customs anywhere in the US. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison. Since this is a misdemeanor, the attorney can appear in court without the defendant being present, although I would recommend you be there. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Most people hire an attorney. If you're serious about getting legal help, feel free to contact me. If you can't afford private counsel, you can apply for the Public Defender when you turn yourself in.
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