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I recently received a failure to appear for court notice in the mail, but i was never given a court date to appear. help??

Riverside, CA |

I paid very close attention to my mail, looking everyday for when i would have to appear, i even called the court and the sherrifs department that wrote the citation, but neither had anything on their records. so i continued to check the mail and still nothing ever came. i now have since in the last couple weeks recieved a " failure to appear for court" notice and now have a warrant out for my arrest. what should i do??

Attorney Answers 6

  1. Hire a local criminal attorney to take care of this matter, you don't want an open warrant floating out there. I don't know what you're failure to appear was for (traffic ticket, misdemeanor, felony, etc) but if you can't hire an attorney you should go to the county clerk's office and put yourself on calender to deal with this matter. In the meantime don't discuss this with anyone except an attorney.

  2. Get a lawyer, have your case added to calendar, and get the warrant cleared.

  3. I can appreciate your dilemma. I see it happenig with greater frequency as of late. Hire counsel to arrange to challenge it and get he warrant quashes/recalled.

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.

  4. The sooner you take steps to get the warrant recalled, the better. If you can afford an attorney, an attorney can help you get the warrant recalled (sometimes without you being present if a misdemeanor). For felony charges, you will have to be present in court. If you cannot afford an attorney, go to the criminal clerk in the court early in the morning (8 am, 7:30 - 8 am if Riverside) and ask for your case to be added to the court calendar to get the warrant recalled. If you have documentation showing that you appeared on the original date to appear (some DA offices or court clerks will stamp a citation saying you appeared), bring that documentation to court. For more serious offenses, the court may address bail, which is why having an attorney is a good idea.

    This attorney's response to the question asked does not establish an attorney-client relationship with the asker of the question.

  5. You state that the sheriff's department wrote the citation. There should be an appearance date at the bottom of the citation. If the failure to appear for court is in regards to this citation, that would be the courtdate you missed. The citation might not have been in the court records when you called, but it could have been filed on the day written on the citation, and you would have been responsible for showing up to court on that date. Speak with an attorney to put your case on calendar (wise advice from each of the other attorneys that responded) ASAP so you can recall the warrant.

    The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office. For a FREE consultation, contact me at (626) 600-1439.

  6. The date to appear is on the original citation. If you bailed out, the bail company would have given it to you. If it is a misdemeanor, you should hire an attorney who can add you to calendar and have the warrant recalled. You need not be present. If it is a felony, you will need to be there. And if you're on bail, you'll need to get your bail reinstated as a FTA revokes bail. It takes 2 days to be added to calendar in Riverside county. I practice in Riverside regularly and can answer any more questions if you have any. Good luck!

    The above stated is advice only, and does not establish an attorney-client relationship.

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