Legal Question in Criminal Law in California

talking to a DA about an warrant for an old case

im in california, i have a drug possession case from 2003. i didnt complete prop 36 classes, so now i have a warrant. 51/2 years have passed, during which ive been hospitalized twice {one stay was 2 months}the last time for kindey cancer they removed the kidney. no contact with the police since, was employed throughout, can i ask DA to dismiss in the interest of justice. can i do this myself? no excuse but have had several personnel issues to deal with also....


Asked on 2/18/09, 2:48 am

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: talking to a DA about an warrant for an old case

Always a bad idea to negotiate with a DA directly. Anything you say will absolutely be used against you. Much different if a lawyer does the talking on your behalf.

The DA will not have the discretion to dismiss the charges on a case where you have already been convicted. You are facing a probation violation situation where a warrant has already been issued which means it is all up to the judge. The best DA might be able to do is to support having your probation reinstated without any jail time or penalty. Most likely they will not be interested or even able in doing anything for you at all.

Best advice is to retain a lawyer to handle this matter.

Feel free to contact my office for additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/18/09, 2:57 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: talking to a DA about an warrant for an old case

Can you ask? Yes. Will it work? No. Will it make things worse rather than better? Probably.

I agree with Mr. Lentz's analysis. You need a lawyer's help.

Good luck.

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Answered on 2/18/09, 3:40 am
Terry A. Nelson Nelson & Lawless

Re: talking to a DA about an warrant for an old case

You can ask for anything you like. Getting it is different. The court hears 'personal issues' sad stories every day from people who have violated their parole and probation. The best you should realistically expect is to be reinstated to the program, and that will be tough to pull off. If not, you face jail/prison. Get an attorney to show the court you take the situation serious. Feel free to contact me if serious about doing so.

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Answered on 2/18/09, 12:51 pm


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