Legal Question in Criminal Law in California

My spouse is currently serving a sentence in the federal penitentiary and I have been served a warrant for his arrest for a dui and FTA in california dated from 03/11/2010. He was arrested in 2007 and sentenced to a federal prison in 2010. The warrant was issued in 2010. He is serving a 20 year sentence and not being released until 2024. Can we request a dismissal in the interst of justice or does he need to hire an attorney for him in there so he can appear. I cant find help on this anywhere. The county is yolo in California and he is in a Federal prison in Mendota California. Thank you


Asked on 3/29/17, 1:11 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can hire an attorney to handle this now. Or you can try to contact the issuing DA office and explain, then ask your questions. They might tell you what they will do, such as drop the case [unlikely], or let the warrant remain so he is brought to court once released on the other charge. Or they might even transport him to court on the warrant and handle the case as an 'in custody' matter. You can then decide how to respond, i.e. hire an attorney then.

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Answered on 4/06/17, 7:25 pm


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