Was pulled over 1/26/15 by choice the officer found magazines with no names and two pieces of other mail that wasn't mine. Pulled us over for driving slow with high on it was 6am. In the morning. Officer l et us leave and I was never given a citation. I never received anything from this county on this matter until last week. I got a warrant card in the mail and there was a misdemeanor warrant for an FTA on PC 530.5a. dated from 7/24/15. But I've been pulled over and have done time in county jail since this happened and I never had a warrant before now. How could that be. It seems that if they had filed charges I would of been flagged w hen being released from jail a year ago. S o I'm really confused on this matter.
If the police didn't make reasonable efforts to bring you in on the warrant, that can be grounds for dismissal, but there's no guarantee that will work in your particular case.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
You may have grounds for filing a Serna motion on the misdemeanor case, based on deprivation of your right to a speedy trial. Discuss this with your attorney and best of luck to you.
Either hire an experienced criminal defense attorney to represent you, or ask for the public defender the first time you go to court. Depending on all circumstances, this could be the basis for a Serna motion for delay in serving the warrant. Discuss this fully with your attorney.
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