Legal Question in Criminal Law in California

I was pulled over a couple nights ago. The cop that pulled me over said that he needed to take me in as there is a warrant for a traffic violation. No additional info was provided to me. I was booked and spent 21 hrs in jail. Was bailed out on 26k bond. I was finally told it was because of a citation I received back in 2001 for driving with a suspended license. Since then I have a valid license and have been stopped by cops before and this warrant has never come up! Why? I need to clear my record and have this warrant dismissed in court. A couple people I know are advising me to contest it as an "invalid" license and not as a suspended license as the fines will be lower. But that will mean I will not be able to ask the judge about the warrant and how it stayed dormant in my record all these years. Any and all advice will be greatly appreciated.


Asked on 10/03/12, 5:47 pm

5 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

that is interesting ... but ... no way to say why it didn't come up before. Issue is if it is "valid" i.e. if you had a criminal case (driving on a suspended license) that you failed to appear on and knew about ... if you did not know about it, an attorney will be able to get rid of that warrant issue.

I advise to see some attorneys � many of them give free consultations in person or on the phone. Talk to some that are local to where the case will be heard. Good luck!

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Answered on 10/03/12, 5:57 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

This is not just a traffic offense. Based on the amount of the bail I assume it is charged as a misdemeanor and it can have all sorts of repercussions. I strongly suggest that you get a lawyer to represent you. If you cannot afford a lawyer and it is a misdemeanor the court will appoint a lawyer to represent you. But don't make any decisions until you've spoken to a lawyer and the lawyer has a chance to review the case.

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Answered on 10/03/12, 8:01 pm
Terry A. Nelson Nelson & Lawless

'Why' something happened or not would be useless speculation. If there is no valid warrant, but this is a records mistake, then yes, you can get the warrant 'dismissed' by the issuing court upon proof of the error. If you actually have a valid warrant, no matter how old, you now will be forced to deal with it properly, along with whatever criminal charges it is based upon. You don't get to chose what charges there are.

To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney. You�ll try to negotiate a recall of the warrant[s] and bail reduction or OR release. You�ll try to negotiate a plea bargain on any �Failure to Appear� charge or probation violation that caused the warrant. You�ll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, and may enable you to get your probation and programs reinstated. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help in this, feel free to contact me. .

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Answered on 10/03/12, 11:42 pm
Joe Dane Law Office of Joe Dane

It's time for a lawyer. This old case can very potentially be dismissed on a motion based on the age and that you have been stopped before without it coming up.

Yes, not having a valid license is better than a suspended license, but why not try to beat it entirely?

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Answered on 10/04/12, 8:01 am
Anthony Roach Law Office of Anthony A. Roach

To answer your question directly, there is no limitations period for a warrant. There are statute of limitations for the prosecution to file a complaint, but once that is filed and you fail to appear, the statute of limitations is no longer an issue, and you are considered a fugitive.

You should still speak to a lawyer, because you may have grounds to show that speedy trial rights have been violated if the state has not been proactive in enforcing the misdemeanor warrant.

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Answered on 10/05/12, 9:20 am


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