Legal Question in Criminal Law in California

Witness testifying with outstanding warrant

I am currently litigating a civil action. I learned last week that the key witness for the other side has an outstanding bench warrant, for a failure to appear at a sentencing hearing on a drug charge. One lawyer said this can be admissible to impeach, and another mentioned getting a copy of the warrant and delivering to the bailiff in case the witness appears and testifies. What is the procedure for obtaining a warrant or is this something harmless like a parking ticket?


Asked on 12/13/05, 1:13 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Witness testifying with outstanding warrant

I would have fun with this one. "Mr. Witness, isn't it true that you have an outstanding warrant for your arrest in Case xxxx in the xxx county superior court?" The bailiff will start talking into his walkie-talkie. "Isn't it true you failed to appear for sentencing..." By this time the witness will have jumped out of his chair and headed for the door, several bailiffs in pursuit. Of course, you had better be right. You could hand a note to the clerk with all the details just as he begins testifying so the clerk can look it up on her computer.

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Answered on 12/13/05, 1:59 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Witness testifying with outstanding warrant

A copy of the warrant maybe available in the court file. Go to the court where the drug case is pending and look in the court file. A copy of the warrant or the clerk's note that a warrant was to be issued will support asking questions about the warrant and failure to appear, if challenged by the other side. The Only cost is the charge by the court for making copies, usually $1.00 per page.

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Answered on 12/13/05, 3:38 pm


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