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Santa Ana, CA |
Filed under: Criminal defense

I have a bench warrant that's about 3 years old for a petty theft for less than 50 dollars and I want to get rid of it. is it better for me to walk in with a lawyer I just finished my schooling they are looking to hire me at my externship site but before that I want to get rid of my warrant so I have no problems

Attorney Answers 5

Posted

Depending on why the warrant was issued and what stage your case was in when the warrant was issued, an attorney may be able to appear on your behalf and get the warrant recalled.

It will matter whether you failed to appear, failed to do something after a conviction or if the warrant was simply issued because charges were filed, yet you had no notice of the charges.

Depending on that factor, then the case may have to be fought, resolved, cleared up or potentially dismissed.

The only way to know is to discuss it face to face with an attorney. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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7 comments

Asker

Posted

I failed to appear in court after pleading guilty... I didn't find out about the warrant until about a week ago

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

Then you're looking at a potential probation violation. There can be many reasons for that - failure to comply with some term of probation... Depending on which court and what they say the violation was for, an attorney *may* be able to appear for you.

Asker

Posted

I didn't get probation I had to take a class which I didn't do due to financial problems but no probation was given to me

Asker

Posted

I didn't get probation I had to take a class which I didn't do due to financial problems but no probation was given to me

Joseph Briscoe Dane

Joseph Briscoe Dane

Posted

Then if its not a probation violation, it is potentially a violation if a court order. The specific issue can/will be sorted out. Bottom line? It needs to be addressed in court.

Asker

Posted

Okay well I was thinking about going into court tomorrow without an attorney but now I'm thinkng that maybe I should get 1 and get this resolved quicker especially the warrant Park

Asker

Posted

Part**

Posted

Yes if you have a three year old bench warrant you will want an attorney to go to court for you. This is not something that you will want to do alone. Feel free to call my office I practice in Orange County.

Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

There is certainly a possibility that you can get the case dismissed due to a violation of your speedy trial right in California under the way the CA Const has construed it. If you go in without counsel they will extract a little plea from you.

If you have filed state tax returns, had a CA drivers license with correct information, had a car registered with the DMV with accurate contact information, etc etc take those docs into your attorney. Law enforcement has an obligation to act and not just wait for people to fall into their nets. A warrant is an order to law enforcement to hunt you down and drag you into court. They had one year from the date the warrant was issued to find you and bring you in.

If you moved out of state, you were unavailable for arrest on this, so that time is not computed into the 1 year.

Once your attorney looks at the documentation and court file to determine if the bench warrant was even validly issued and you were notified of its existence, you and s/he can discuss strategies for handling the matter. Look at the various AVVO answers on the effect a criminal conviction, even a little petty theft, can have on your future employment, etc. You should take this quite seriously.

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2 comments

Asker

Posted

I just recently found out I had a warrant

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

Maybe I'm misunderstanding your comment but - you are not required to go to court and throw yourself on your sword. They have to do their jobs and locate you. Of course, now that you know you're doing the smart thing and clearing it up. However, that does not interfere with your invocation of your speedy trial right. Again, your attorney will have the final word on this. I have taught continuing edu classes for lawyers on this issue, so it's dear to my little lawyer heart.

Posted

It is absolutely better for you to go to court with an attorney. In some courts, the attorney may be able to get the warrant recalled without you having to be there. In addition to possible speedy trial rights issues raised by the other attorney, it may also be difficult for the prosecution to produce the witnesses from a 3 year old case. Hire a local criminal defense attorney. Good luck.

Jasen Nielsen

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Posted

You need an attorney now to protect your Rights. This appears to be an interesting matter because the prosecution may have violated your rights by not pursuing the matter. I strongly encourage you to speak to an attorney now.

Many respectable attorneys will provide a free consultation. My suggestion is meet with at least one attorney and discuss the matter with them. My firm provides free consultations and it appears we are only a few minutes from your location.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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