Legal Question in Criminal Law in California
Warrant in California
I was arrested in California in Nov 2006 for an assault and battery (argument for mom) when the courts found out I had a warrant in Florida. They detained me and I bailed out with permission of a judge to resolve Florida issue. The judge made it clear that she would dismiss my case in California if I took care of the issue in Florida. Now I find out I have a warrant in California for misdemeanor assault & battery for not appearing to a court date. I was notified I had a court date and assumed this issue had been taken care of. Will I be taken to jail if I go to California to resolve this? What are my options?
3 Answers from Attorneys
Re: Warrant in California
Unless you take care of the CA warrant by going to court, yes, you'll be arrested somewhere, sometime, including at court if you just wander in without preparation. If it is a misdemeanor, you can have a local attorney handle it without you appearing personally. If a felony, you have to be in court with your attorney.
IF you can provide proof that you did correct the problem in FLA as agreed in the CA court, then your attorney may be able to get the CA charges 'handled' by a payment of fines for the failure to appear, and get the charges dropped as agreed. No guarantees, since the CA court thinks you 'blew them off', but if your facts show this was actually an innocent mistake, then it might get worked out.
Feel free to contact me for the legal help you'll need, if the case is in SoCal courts.
Re: Warrant in California
The answer is yes. But I can probably have the warrant recalled with proper explanation (assuming you obtained a continuance) and assuming you were in Florida because at the time of your CA court hearing, you were under court order to make court appearaces in Florida.
Re: Warrant in California
I would retain an attorney to go in on my behalf to explain what happened and recall the warrant. If you haven't gotten in trouble since then, there's a good chance the case can still be dismissed. Call an attorney in the area where the charge is pending and get a consultation.
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