Legal Question in Criminal Law in California

Warrant of Arrest Noticed issued by the Orange County Sheriffs Dept.

Hi,

My situation is that, I'm a 1st time offender charged for Pety Theft on February 10, 2005. I was ordered by the Judge to make payments of $100 per month to payoff the total charged amount which was $700. As for making the payments, I was only able to make the first $100 payment that I was ordered to do up until todays date. The reason for that, is Unemployment. I've just recieved a Warrant of Arrest Notice which stated due to the failure to comply with order of the court. I am to appear in O.C. Court and speak to the Judge. I need some advice about how deep I've really gotten myself into this time? Am I going to be able to get another chance to make my payments without an increase in the charged amount? And will the Judge allow me to make payments of $50 instead of $100 per month. And after I payoff this amount that I owe to the Court, what would be some problems that this charge is going to an effect in my life? For example,filling out a job application isn't going to be the same for me anymore. I find myself feeling less confident or eligible for a position due to the fact that I have caused this to be on my record. Can you Help me to understand how I can get passed this mistake that I've committed in my past?

Thank U


Asked on 11/13/06, 8:31 am

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Warrant of Arrest Noticed issued by the Orange County Sheriffs Dept.

Difficult to answer with presision as Judges vary on how they address a failure to pay. Be sure your attorney (public defender) has proof of your unemployment, even if your still out of work you may still be allowed to do community service in lieu of the fine.

If you then successfully complete probation, you can then petition to expunge the record per PC section 1203.4.

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Answered on 11/13/06, 11:04 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Warrant of Arrest Noticed issued by the Orange County Sheriffs Dept.

You definitely need to abide by the court orders in place, and when you appear before the judge at issue, you and/or your attorney should bring mitigating evidence (i.e. proof of your unemployment) to show the court your story is true. Thereafter, you may be able to do community service rather than pay fines you cannot afford. Once you have completed the terms of your "sentence" herein, then you can look into getting this unfortunate matter expunged from your records altogether, as if it never happened. You definitely should seek attorney assistance thru all phases of this matter to make sure you do the right things ok.

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Answered on 11/13/06, 2:34 pm


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