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On 03-26-2009 I was arrested and charged with 459 PC 484 PC and 530.5 PC what is my best shot at doing little or no jail time?

Watsonville, CA |

I went to my first court date? but then fail to appear for the following court date!! I am a mother of 3 girls and at the time when this happen I was living a very abusive relationship with the girls father and he threaten to take them from me! I was scared :( So I left. This is something that I need to fix is really important to me... I need to go on with my life!! I am a little scared about going to jail and doing jail time & being away from my kids!!! My girls are my world and I want the best for them, a better life.

The reason I have not resolve this matter sooner is because I am in Mexico with my mother and family and did not have money to go back to California sooner!!! I do now and want to do what's right without hurting my kids.

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Attorney answers 5

Posted

You should hire a lawyer and have that lawyer arrange for you to appear on your warrant and old case. Judges always look more favorable to people who come in on their own than when they are picked up by law enforcement on their warrants. If you hire an attorney, they might be able to recall the warrant without you being present and get you a new court date to appear and take care of your case. This first part would be very important to you so you could cross the boarder back into the US without having to worry about the warrant.

Finally, if you take a plea bargain on your petty theft or misdemeanor burglary / id theft you will have to complete a book and release as part of your sentence. The book and release can usually be done in a few hours at a county jail facility. You are booked into jail, but you don't stay there overnight or anything. You will also likely have to take an anti-theft course.

Good Luck!

Leighton D'Antoni
Attorney at Law

Law Offices of Leighton D'Antoni
Founders Square
900 Jackson St. Suite 750
Dallas, TX 75202
(214) 960-9360 (phone)
(214) 666-3901 (fax)
DANTONILAW.COM

*licensed to practice law in the States of Texas and California

This response is NOT legal advice and we do not have an attorney client relationship. You should only follow legal advice from your own attorney.

Posted

The information provided does not indicate if all charges are filed a misdemeanors or if the PC459 and PC530.5 are filed a felonies. Whether you plead to a misdemeanor versus a felony will greatly affect your sentence. However, there are also potential alternative sentencing strategies that you may be eligible for in lieu of actual jail time.

Posted

I agree that you should hire an attorney to appear on your behalf. Whether the two charges are felonies or misdemeanors will make a difference in your potential exposure. You will need an experienced attorney to negotiate on your behalf to ensure you get the best possible outcome. You should not attempt to cross the border back into the U.S. until the warrant has been cleared.

The information provided is not intended as legal advice and does not establish an attorney client relationship. If you are in the greater Sacramento area and wish a further consultation please contact me at (916)594-9442.

Posted

I would suggest that you speak with an attorney as soon as possible. If you cannot afford to hire private counsel and had a public defender on your case before, I would suggest that you call the public defender's office. You need to get your case on calendar and make sure that you make it to that court date to recall the warrant.

I would also suggest that you take the time to sit down and consult with the lawyer regarding any defenses that you may have available to you and, after consulting with the attorney, make an informed decision on whether to accept a plea or to take your chances at trial. Convictions do go on your record and carry collateral consequences, particularly felony convictions (you lose your right to own a firearm and may lose your right to vote, among others.) You do have to address this situation quickly, but you also want to make sure that you do it "smart." Get the recommendations of an attorney that is familiar with your particular case and it's facts.

Posted

Step one is to contact an attorney and have them assist you with recalling the warrant. If you just sit around and wait for law enforcement to find you, it will have a profound negative effect on your case once caught. After that, you should coordinate with your lawyer and present all mitigating factors to both the DA and the judge in the hopes of lessening or removing any custodial sanction.

SLG Criminal Law Group
515 South Flower Street
36th Floor
Los Angeles, CA 90071
213-236-3660

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