Misdemeanor warrant: I had a misdemeanor case and I didn't do my 14 days of community service so a warrant was issued. I got a letter from the police department notifying me of the warrant, and when I spoke to the detective he said I can come over and they will give me a citation with a new court date, since according to him it is not a sizeable warrant. So, my question is, should I go directly to court or is the police department right that I just walk in and get a citation? Also can I hire a lawyer to go to court for me since I'm a college student and really busy.
S. Jacob’s answer: Unless you have a particularly bad failure to appear history and have had several warrants in the past, most judges will "recall and quash" (cancel) the warrant. In your case, however, you didn't do your community service. If you didn't do part of the community service but you did a fair amount, the judge will probably give you papers to re-enroll in community service. If you did none, the judge might be irritated by you thumbing your nose at the court (not doing community service and getting a warrant probably because you missed a court date). Warrants are COMMANDS to law enforcement to bring you to a judge, but different police agencies may treat warrants for lower charges more leniently - not sure. The detective CAN arrest you and take you to a the judge and cops are authorized to lie, so the safest bet is to go directly to the court where you got your sentence and preferably with an attorney who can hold your hand and should make things go more smoothly for you. Hope that helps! (By the way, I re-categorized your question from "civil rights" to "criminal defense.")
Missing complaint DUI case never filed. 5 years later applied for an apartment & background check showed warrant for same DUI.: Ventura County Ca DUI 2010 pending as a missing complaint. Blood tests came back 0.00% alcohol in system. Went to court only to be told to go home missing complaint. Never heard from courts again. To my understanding the DA only has one year to file so I assumed case was dismissed. My license was never revoked I never had any letters sent to me during the 5 years. I lived at same address never arrested again. 5 years later I apply for an apartment and background check showed a warrant for same DUI. I called local Sherriffs to tell them about the mistake and ask what I should do, an hour later they were at my door with handcuffs. Appearantly the DA filed around a year later stating they tested for drugs after they tested for alcohol, test came up with a small amount of meth. DA said they mailed me a letter which I never recieved. I had a court date that I never knew about. Judge issued bench warrant thats been outstanding for 5 years. Ive been pulled over two times for minor infractions and nothing ever came up.
S. Jacob’s answer:
The facts scream for what's called a Serna motion - a motion that asks the court for dismissal because the passage of time has eroded important constitutional and due process rights. If that much time has gone by, sample test results go bad, memories fade, witnesses move away or pass, so you're potentially no longer able to mount an effective defense.
What I'm suggesting should work to get this monkey off your back.
Talk to an experienced lawyer. Good luck.
I am 19 and had consensual sex & kissed with a 17 year old, what kind of legal trouble can I get into?: So I had consensual oral sex & kissed with a 17 year old, and I am 19. If he decided to take legal action against me (I decided to cut communications with him because I felt that he forced himself on me), what kind of legal troubles/action can I expect?
S. Jacob’s answer:
If the police approach you, you should politely explain you'd like to speak with a lawyer if you they want to ask you questions. Then you should shut up.
Yes, you could be charged with one or more misdemeanors but because of your closeness in age and the fact that you're still not much beyond 18 yourself, the penalty will not likely be very serious.
You should soon speak with a lawyer in advance about how to optimally handle this problem. You should also not have sex with people under 18. Period.