I was arrested back in 2006 for misdemeanor theft in Colorado. I have since paid my restitution, appeared in court twice, and thought that was the last of it. That was the first, and ONLY time I've been in legal trouble. I have since found out that I was supposed to show up in court back in 2008 on the same charge to clear up some clerical error, and since I didnt, I now have a warrant out. I need to get this taken care of. However, my husband is a stroke patient, and there is no way I can leave him alone to go to Colorado for G-d knows how long to deal with this. He's disabled, and I dont have anyone else to look after him. Can I get the Public Defenders office in CO to go to court without me being there? Or can I have it transferred to CA and appear in court here?All help is appreciated
Criminal Defense Attorney
I would call an attorney in the city where the court is in Colorado and ask him or her. The consultation should be free. I do not know how Colorado treats misdemeanor bench warrants, but in California, an attorney can appear for you (you do not need to go to court) to have the warrant recalled. The attorney in Colorado ought to find out just what is the nature of the clerical error first, because if it is that the court there needs proof, for example, that you paid a fee, then you may be able to fax or e-mail him or her the receipt showing payment of the fee. Then when he or she appears to have the warrant recalled, the receipt can also be presented to the court to resolve the clerical error. If the clerical error is something else, at least he can tell the court what you know about the issue and that you are looking into it, if you are necessary to resolve the issue.
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Criminal Defense Attorney
You should be discussing this with a local Colorado attorney who is more well versed in this area than any California attorney. As stated above, in California one doesn't need to appear to have a warrant recalled on misdemeanor charges. Good luck.
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