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William Vadim Pernik

William Pernik’s Answers

2 total

  • Bench Warrant issued for Failure to Appear on advice of public defender to reschedule my court date. His advice got me arrested.

    I was 10 minutes late to court on a misdemeanor and one of the public defenders told me I was the first case called and the judge already ordered a bench warrant. I had a couple of requirements to complete so the attorney told me he could ask the ...

    William’s Answer

    Although you are certainly the one to blame for this mishap, most judges would likely recall the warrant, provided you had no prior failures to appear, did not pick up new crimes while out, were not dilatory in putting the matter back on calendar, and did not WILLFULLY fail to appear as is the standard, but instead acted inadvertently or accidentally. Show up on time, dress clean and respectful, cooperate with your lawyer, and look very remorseful for the tardiness as opposed to being defensive and blaming your PD. It will probably work better on the court.

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  • Can prior police incident reports or police records with no arrest or charges be used in a current criminal case against someone

    Current case is a manslaughter charge with no prior criminal record

    William’s Answer

    The police reports themselves are likely to be held inadmissible; however, the incident itself may or may not be relevant to your case. Even if it is relevant, your attorney may be able to argue that it should be excluded. You need to consult an experienced criminal defense attorney, who will review the facts of your current case and your prior case, determine what evidentiary or constitutional objections can be made to prevent the prosecutor from introducing this evidence, and make appropriate arguments on your behalf. Even if the conduct was in theory admissible, the DA would have to follow a carefully delineated procedure to get it into evidence, and that is where a well reasoned and timely objection could stop the prosecutor in his tracks.

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