Legal Question in Criminal Law in California

Summary: I am charged with a criminal offense. I have been going to court for almost 4 years while out on bail. I have a co-defendant (out on Own Recog.) I could no longer afford to make the long commute to court just to have my case continued (waiting to go to trial at this point) I filed a 977pc (as did my co-defendant). My lawyer represented me on the next couple hearings, which were continued. Recently, prior to my following hearing, I was informed by my co-defendant that her lawyer is continuing our trial date once again. Well, Ii tried to contact my lawyer to inform him that my presece was unnecessary but, was unable to contact him days prior, on and after my court date. I later looked online, to get the date of my next court date, only to find I had a "warrant hold" due to not being present on the previous court date, even though I have a 977pc filed and my case was being continued anyway. My co-defendant was not required to show for court and was not issued a warrant.

My Questions:

What good is a 977pc, If the court, nor my lawyer does not recognize it during continuance hearings.

Why would my lawyer allow the court to place me on a "warrant hold" if his job is to fight for my best interest.

Will my bail be revolked and me detained until trial, when I show at my next court date?

Does a "warrant hold" (until next court date) show as a regular warrant should I get pulled over on a traffic offense?


Asked on 9/17/09, 5:45 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

The "warrant hold" means that the warrant sits on the judge's desk and is NOT entered into the Police computers until the next court appearance. If you appear, and the judge can order you to appear on the new trial date, no harm is done. I have no answer for why your co-Defendant was allowed to 977 the trial setting date and you were not, if that is indeed what happened. Ask your lawyer for a cell phone number, since he is hard to reach. You need to be in touch with him. How about email? Is that a better way for you two to stay in touch?

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Answered on 9/17/09, 6:09 pm


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