Legal Question in Criminal Law in California
What is the statute of limitations on inactive arrest warrants?
i was a passenger in a parked car with no driver present when an officer pulled up and issued a ticket for the driver for parking in a red zone. the officer then asked me for my id, came back to the vehicle and told me to step out. i was arrested in oakland on dec 2006 for ( what the officer had said) an inactive warrant in ventura . i was not in commission of a crime.
in ventura aug 2003 i was arrested for 11550 b. this was my first offense.when i was discharged, i moved to oakland in may 2004.
in 2006 i didn't see a magistrate before being extradicted to ventura. my bail was 5000.00.
i unknowledgeable with due process and my rights. just want to know my first question and was the event normal prodedure by law enforcement? thank you
1 Answer from Attorneys
There is no SOL. Warrants are forever. To properly handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new �Failure to Appear� charge, negotiate bail or OR release, and then negotiate or take to trial any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. That can 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, or at least dramatically reduce it, and may enable you to get your probation and programs reinstated. If this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Any fines could be paid by mail. While this isn't a 'capital case', you face potential jail and fines, so handle it right. 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, feel free to contact me.
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