Legal Question in Criminal Law in California
I didn't know I had a warrant
I was arrested 6/99 for under the influence of a controlled substance (LSD), a misdemeanor. I was sentenced to drug diversion PC 1000 class. I completed all 33 classes required and attended the AA/NA meetings. At my last drug class I was told I completed the class and could pick up my certificate of completion. I never picked it up, so I was never told I owed $40 and that the sign off sheet for the AA/NA meetings was never turned in.
A warrant was issued in 2001 and I did not find out about until 5/5/2002. I immediatly saw my probation officer and scheduled a court date, 5/23/2002. Is there a chance I will have to go to jail? I was not running or hiding, I didn't know I had the warrant. I have a full time job, and plan to go to a university. I thought I had fulfilled my agreement with the court. Any information on my case is greatly appreciated.
Thank You.
3 Answers from Attorneys
Re: I didn't know I had a warrant
Being represented by an attorney is always a good idea. You should go to the drug program and get your certificate, and a letter stating that the course was completed timely, but the lack of payment of a fee was the reason it was not sent to the court. Then contact AA/NA and request a copy of the sign in sheet. Take these with you to court and then you can give them to the judge if necesary. You should also show them to your probation officer.
The court often listens an attorney when the defendant is summarily dismissed.
Re: I didn't know I had a warrant
Your story should be told to the judge and satisfy any questions in the judge's mind. Have as much documentation as possible to show the court. I don't know if there's an advantage in having an attorney speak for you. However, the attorney gets to go into the judge's chambers, sit down, and casually discuss your matter. Which may be of some help. So you might ask to speak to the Public Defender, and have the court appoint the PD.
Re: I didn't know I had a warrant
It is good that you dealt with the warrant immediately. It is recommended that you go in with an attorney so that they don't try and railroad you into something for a simple misunderstanding. Why did you not pick up the certificate? Did you not know you had a Proof of Completion date? It should have been outlined in your terms and conditions. Give my office a call at 310/277-1707.
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