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What does it mean when the DA files charges as a warrant but with no case, hearing or attorney being assigned?

Palm Desert, CA |

Details:
Complaint filed by police department
jurisdiction set
fingerprints required
complaint filed
hearing set is vacated
declaration in support of arrest warrant filed
warrant sent
arrest warrant vacated

do I need to do anything regarding this case?
is vacated equivalent to dismissed or do i need to initiate an arraignment?

Attorney Answers 3


  1. You should call an attorney to discuss this. That way they can look at what you're looking at and advise appropriately.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.


  2. In general, yes vacated is equivalent to dismissed... however, I'd caution an attorney from advising you that you do not need to do anything; you should contact an attorney for a consult and lay out the full facts of your case. Chances are you might still need an attorney.


  3. Your details, although a good start, are incomplete. (Or I may just be reading what you posted incorrectly)

    If a case is filed, but the arrest warrant was recalled or not issued for some reason, the case could still be active. When the "complaint filed" - that starts the criminal process and there's a case pending. There could be more to this story and the entire case may have been dismissed, but I can't say that with certainty based on what you wrote.

    It's worth a conversation with a criminal defense attorney in the city/county where this case is. They can look a little deeper into this and get you an answer one way or another.

    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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