Legal Question in Criminal Law in California

Years ago I was charged with a Misdemeanor, and was to pay $100., take a aids class, and I think some community service. I faieled to do the requirements, so the judge sent me to do 2 days in jail (I ended up doing an extra day because thy couldn't find " me).

So I thought doing time I payed my dues. Years pass buy and I go to apply for employment, but after a background check they tell me I still have to clear things up with the court!

I am willing to do what it takes to get rid of this and put it in my past but I don't want to go to the court just to get thrown back in jail.

Can you help?


Asked on 1/27/10, 6:03 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

What exactly do you mean, "they" told you? Who is "they"? What do you mean, you "have to clear things up"? Go to the clerk's office and get a printout of the case. They will not arrest you, but you could have a friend do it. Also you have a right to receive a copy of this so-called "background check" from the prospective employer. Request it from them, certified mail. If there is a warrant for your arrest, or the record indicates you didn't fulfill some requirement, depending on what the court docket says you or your lawyer can go in front of the judge and attempt to clear things up.

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Answered on 2/01/10, 6:14 pm
Brian McGinity McGinity Law Office

Generally it is best to have these types of matters handled by attorneys. However, if you can not afford an attorney you will need to start the process and then request the court to appoint a public defender for you.

Since you haven't provided much in the way of facts, it is hard to tell what exactly you might be up against. However, putting that aside. You need to get the court to re-calendar the matter and find out exactly where you stand. If there is still something pending and a bench warrant for your arrest was issued, you will need to request the court to recall the warrant. Then if you need an attorney, you may request the court to appoint a public defender for you. This must be done in the court where all the original mess occurred. You need to make sure you have all the paper work from the original stuff and take that to court with you.

Good Luck,

Brian McGinity

This is not to be considered legal advice and the communication has not created an attorney client relationship. There is no attorney client privilege between the parties. The answer provided is based on general principles of law and should not be considered legal advice. It is impossible to provide accurate information in a public forum.

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Answered on 2/01/10, 6:27 pm
Terry A. Nelson Nelson & Lawless

If you believe what you have been told; that there are still open issues with the court, then have an attorney go to the court to check it out. If there is a warrant, you could be taken into custody in the clerk's office if you go yourself. If there is anything pending, the attorney can arrange for you to go into court with him, to work out a plea bargain or deal with the court and DA. With what you described, it may simply be an error in the court records, something that didn't get correctly noted [it happens]. If so, you and the attorney can get it straightened out. Any warrant can be recalled at that time, and usually a small fine imposed if is not something serious you have failed to do for the court. If you are serious about doing this, and it is in SoCal courts, feel free to contact me.

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Answered on 2/01/10, 6:46 pm


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