Legal Question in Criminal Law in Hawaii

serna motion

I recently found out there is a warrant for me in Hawaii.I was booked in july 2000 on drug promotion and released. A year later I left hawaii ,The charges were filed 2/2003. I have never received any notice of charges or court dates. I am still living at the address on my drivers license that the police used to identify me.

My question, could i get these charges dismissed because so much time has passed and there was no attempt to contact me.

Ive also been told I could send my location and demand they either extradite within 30 days or dismiss the charges is that true?


Asked on 7/23/08, 1:40 am

3 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: serna motion

Do not ignore this situation. Chances are that sooner or later you will get pulled over, for example, and with a warrant out you will be arrested and attempt will be made to extradite you to Hawaii.

You need to retain a lawyer in Hawaii. It is possible that the case could be dismissed or some other favorable resolution might be reached. Even if the prosecution will not want to dismiss the case, you might be successful in making a motion that there should be no prosecution because a lot of time went by. Getting a lawyer involved is an absolute must. You are bound to be hammered in one way or another if you try to deal with it by yourself.

Good luck,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/23/08, 4:01 am
Terry A. Nelson Nelson & Lawless

Re: serna motion

Warrants are forever. Go back to that court through an attorney and deal with it responsibly or risk arrest any time you come in contact with police anywhere. You will have to negotiate a plea bargain or go to trial. It is never likely that charges would be dismissed just because you ran and hid from them.

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Answered on 7/23/08, 1:44 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: serna motion

You should consult with an attorney in Hawaii about you situation. The attorney may be able to get the charges dismissed. If you do nothing you risk being arrested on the warrant in California and then held in jail until the extradition hearing and then until Hawaii comes after you.

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Answered on 7/23/08, 2:35 am


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