Legal Question in DUI Law in California

Posesion charges

My daughter just found out she has a warrent for her arrest for a poaaession charge she does not remember getting. She has been in recovery for meth. anphet. since Dec. and is trying to clear her record. What should we do now. It looks like she is a no show for court.She is doing all the right things to get on track, in program and and just got a very good job but scared now this will jepordize all her hard work.


Asked on 8/03/05, 11:15 am

3 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Posesion charges

She has to go to court to resolve the possession charge. She may be eligible for drug diversion (not prop 36!), but she has to clear the court matter. She should not be affraid of the warrant, because it's there only to get her to court. If she shows up on her own and has the clerk pull the file and sent to the courtroom, the judge will allow her to begin resolving the case - she won't be arrested if there are no other charges against her. Call me if you need assistance. Good luck. Phil.

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Answered on 8/03/05, 12:40 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Posesion charges

I've just read the response by Philip Iadevaia and I completely disagree with it. He's making some assumptions that could land your daughter in jail. You don't say how old the warrant is, exactly what it's for, what the bail is, etc. etc. These questions should be resolved BEFORE she waltzes into court by herself (this is ridiculous!) and plays roulette with a judge. She should have a criminal lawyer investigate the situation, make some decisions that will protect her interests, and then take whatever steps are appropriate to resolve this matter. Most criminal lawyers give free consultations. Your daughter should meet with someone in her area and discuss this. I would be happy to meet with her if she'd like. Don't hesitate to call. Steve Mandell 310 393 0639

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Answered on 8/03/05, 2:44 pm
Terry A. Nelson Nelson & Lawless

Re: Posesion charges

The warrant has to be cleared quickly. The safest way is to have an attorney appear on her behalf and work out a 'deal' with the court and DA, and then bring her into court on a subsequent date to agree to the terms. It may be possible to convince the court and probation department that her 'clean up' is enough to keep her out of jail on an old charge [it will have to be old, not new] or a probation violation. Call me if interested in doing this right.

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Answered on 8/04/05, 7:40 pm


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