Legal Question in Criminal Law in California

Warrants

I have two outstanding warrants in the state of California, both are for under the influence of drugs, I was sentenced to the first one to do weekends which I didn't complete and the second one I didn't go to sentencing. I moved to Michigan a year ago and I need to clear these warrents, I called the public defender and they keep sending me to other parts of there office and no one seems to know how I can do this from out of state they told me to turn myself in and then they can be appointed to me but it's kinda hard if I'm here and they are there and I can't afford to go back to California...I'm a single mother of four and am on state assistance. Who can I call or what do I do???


Asked on 1/05/08, 7:21 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Warrants

It's simple: you DON'T do it by yourself from out of state.

You could have an attorney appear for you, to TRY to negotiate a recall of the warrants.

The PD won't do that without being appointed. They can't be appointed until you appear and the judge orders them appointed.

If you hire a private attorney to appear for you, and IF he could convince the judge(s) to recall the warrants without you being present in court, you would then still have to comply with the court's orders by serving the 'weekends' and/or other jail time or penalties for your failure to appear that he may order. That time would have to be served IN California, unless you could negotiate a deal with the judge to allow you a 'pay to stay' deal with a jail in your state - which can sometimes be done. Call your local jail to see whether they will do so and what are the costs.

You'll have to appear on the second case for sentencing on the original crime, and on your failure to appear charges, meaning you'd have to come to court for that hearing. You'll then have to deal with whatever sentence is imposed.

Reality check: it's not likely that any judge will recall either of those warrants without you being personally present at those hearings, and at every other hearing that will be required in each case. The minute they look at your rap sheet, they are not going to be happy with you fleeing to avoid multiple prosecutions, nor will they have a lot of sympathy for you and the choices you've made. You're going to have to face up to your responsibilities sooner or later. Either come back and do it right voluntarily, or face arrest and handcuffed transport to California if you come in contact with law enforcement anywhere. If that happens, you'd better have made arrangements for custody of your children, to avoid them being placed in state foster care.

Feel free to contact me if you get serious about doing this, IF the cases are in SoCal courts.

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Answered on 1/07/08, 2:02 pm
Joshua Hale Hale Law Group

Re: Warrants

It is likely you will need to hire a private attorney to take care of this, which may cost more than turning yourself in. Unfortunately your situation is not an easy one to solve.

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Answered on 1/06/08, 12:25 am


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