Legal Question in Criminal Law in California
hi my question is about identity theft i was charged with it in novenber 2007 in california but in january of 2008 my father was very ill. in mexico so i had to go down there. and on the same very month i found out. that my court date was in march of 2008 so i tried to come back to ca. but i could not do it since then up to now. i guess i want to know if i am still charge with it. thank you i hope to heard from you soon
2 Answers from Attorneys
Charges don't just go away. When you missed the court date, the judge probably issued a warrant for your arrest. You might even face new charges for failing to appear.
The courts will sometimes dismiss charges that are years old, when the police haven't bothered to look for the defendant, but it takes an experienced lawyer to make those arguments� and it probably wouldn't work in your situation, when you have been out of the country, where law enforcement can't find you.
You may be able to find the status of your case on the court's website. If you to return to the United States, I would strongly encourage you to hire a good criminal defense attorney BEFORE you try to enter the country.
You have a warrant for your arrest. Warrants are forever. For you to handle this, you must turn yourself into the court, with or without an attorney, and try to negotiate a plea bargain on the outstanding charges and warrant. 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. If a felony, you must be personally present at every court hearing and appearance. If this was a misdemeanor, your attorney can appear in court without you being present, and any plea bargain deal could be handled by notarized paperwork. Any fines could be paid by mail. If this is in SoCal courts, and you're serious about getting legal help doing so, feel free to contact me.
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