Legal Question in Criminal Law in California

I got in trouble last year for driving on a suspended license. The court ordered me to pay some pretty hefty fine (like around the tune of 2100 dollars) and also put me on informal probation. I started a payment plan with the collections office at the court house but I failed to make payments for two months because I lost my job and had no money what-so-ever. Now I have a bench warrant out for my arrest (I found out by checking the Orange County Sheriff's Department website).

A very good friend of mine is willing to give me (GIVE not loan, very good friend) the money I need to pay off the fine. Is it possible for me to set up a time to see the judge in court and pay off the fine without having to do any jail time?

Also, I want to join the navy, but the informal probation is standing in my way. Is it possible to petition the court to drop my informal probation so I can join? And will it be possible to ask this of the court while I'm there taking care of this bench warrant/fine? Thank you.


Asked on 7/31/10, 3:59 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, to your questions. It is possible, but not assured. With full payment, you will be able to clear the warrant, and probably convince the judge not to jail you. With documented evidence of intent to enlist, the judge MAY be willing to shorten the probation to allow that. Your burden will be in getting something from the recruiter to prove your commitment, like signed papers, etc. Your word will not count. If serious about hiring legal counsel to help in this, feel free to contact me.

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Answered on 8/05/10, 6:03 pm
Brian McGinity McGinity Law Office

The bench warrant can be recalled. In your situation, if you can pay off the fine in total and you properly explain the situation to the Judge, you may be given a break. However, it would be best to hire an attorney to help you with this. As to your question regarding informal probation, you can explain to the court and then ask the court to consider your probation completed. However, once again you will properly need an attorney to assist you with this. Neither of your questions are regarding issues the court will routinely grant. So an attorney needs to be able to argue your reasons for requesting these things.

Good Luck,

Brian McGinity

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Answered on 8/06/10, 2:44 pm


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