I was arrested in July of 2012 . I stayed in jail for 2 months. Then the case was dismissed. A year later they refile.

Asked 9 months ago - Fresno, CA

now i have a warrant out for my arrest. I have a attorney. Can my attorney file a motion to pull the warrant and schedule me a court date ? what would be the best motion for my attorney to file. And can my attorney file any motions on my felony case without me being present ? This case is over a year old. If there is no new evidence is it a chance my attorney can ask for the the case to be dismissed ?

Attorney answers (5)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Since you have an attorney , these questions should be directed to him. Not enough info for anyone to really respond other than your attorney .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  2. Sean Patrick Lewis

    Contributor Level 17

    4

    Lawyers agree

    Answered . My recommendation is that you ask these questions of your attorney and abide by their answers.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  3. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You've got an attorney ... aren't these questions best put to them?

    They should know how to get your warrant recalled, what motions need to be filed and how to do it, etc.

    You're just asking very specific questions when we know absolutely nothing of your case aside from what little you post. The person in the best position to answer these questions is the lawyer you're paying good money to.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  4. Greg Thomas Hill

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Your attorney should advise the court that you wish to appear on the arraignment and then you two should appear in court. It must be a felony because once a misdemeanor is dismissed it cannot be refilled.

    In terms of what the best motion to file is, that is up to your attorney, based on his review of the police report, etc.

    Your attorney can file a motion without you being present, but at the hearing in the courtroom, you must be present (unless your case is a misdemeanor).

    As to if your attorney can ask to have the case dismissed and the court will grant it, that is up to the judge.

    Trust your attorney. I would encourage you not to double-guess him via questions on AVVO. Ask him the questions you have, not a panel of attorneys. If he does not give you a satisfactory answer that you trust (even if it is contrary to what you want to hear), hire another attorney.

  5. Kiarash Feyzjou

    Contributor Level 11

    2

    Lawyers agree

    Answered . Talk to your attorney about the possibility and strength of the filing of a Serna Motion to address the delay in re-filing charges against you. Good luck.

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