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How do I convince a judge of a hardship?

Bakersfield, CA |
Filed under: Traffic stops

I have a warrant issued in the amount of $10,000.00 for welfare fraud, and it is from an over-payment in food stamps back in 2010 totaling $3007.00. I am unemployed and looking for a job but the warrant is stopping me from passing a background check. I need to ask the judge to allow me restitution and or community service. If I turn myself in will they site and release me so that I can get a court date to see the judge? I'm a single mom of four, full time student graduating in May of this year. Please help!

Attorney Answers 4


If what you saying is true regarding your finances, I believe you would qualify for a Kern County Public Defender, so, I would contact them regarding a Bench Warrant Walk In. As to whether the Judge will give you an Own Recognizance release, I would ask the Public Defender because they know that courtroom. If you appear, the warrant should be recalled, and you can then figure out what you are going to do about your case.

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This question should be posted under the AVVO Criminal Defense Section. That said, you need to speak with an attorney as soon as possible. If you have an active warrant for your arrest, you could be arrested at any time - traffic stop, for example. If you retain an attorney, he/she can contact the court and discuss your appearance on the warrant. In some cases, you have a better chance of a judge releasing you on your promise to appear for court in the future or releasing you on minimal bail - if you turn yourself in. Other factors may include your criminal history, how long you have lived at your current address, etc.

Again, please contact a criminal defense attorney in your area or the public defender's office as soon as possible.

I hope that this was helpful and I wish you well.

Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality

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Please repost under the criminal defense section.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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You may or may not be correct about the warrant precluding you from passing a background check. But the background check problem will not be resolved by any relief from the court regarding the warrant and/or bail. Your background check will still reveal the arrest, charges and ultimate resolution of the case. The court knows all of this, so the argument and strategy that you have in mind is unlikely to be persuasive. You need legal counsel. This is not something you can likely be effective on in your own behalf.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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