Legal Question in Criminal Law in California

I have a warrant for failure to appeared in 07 did not know I had a warrant I lost a lawsuit but was unaware of it so I lost for not appearing until the collections company started to send my letters of lawsuit so I filed for bankruptcy n got discharge on 11 that also included that lawsuit but I still have a active warrant n felony on my background


Asked on 11/12/13, 12:07 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

That warrant can have nothing to do with any civil lawsuit, nor a bankruptcy case unless you were charged with bankruptcy fraud and crimes.

It is likely a criminal charge on which you did not appear.

To handle a warrant, you MUST turn yourself in to the issuing court, with or without an attorney. On felony charges as you indicated, the defendant must be personally present at every court hearing and appearance. You�ll try to negotiate a recall of the warrant[s] and seek 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 dismissal, plea bargain or take to trial the outstanding charge that led to the warrant. Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. 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, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 11/12/13, 12:16 pm
Anthony Roach Law Office of Anthony A. Roach

The only connection a warrant would have in a civil case would be if you failed to show up for a judgment debtor's exam, or an arraignment on a contempt charge. If you had criminal charges filed against you, and did not show up, you need a criminal defense attorney to help you take care of the warrant. Leave the civil and bankruptcy discussion out of it.

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Answered on 11/12/13, 1:31 pm


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