Legal Question in Administrative Law in California

I have to testify in an administrative hearing here in California, but I have an arrest warrant. Will they arrest me when I show up to testify?


Asked on 11/20/13, 6:15 pm

3 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

It depends on whether someone notifies the authorities. Normally because administrative hearings are civil proceedings there are no law enforcement authorities in the hearing. This would change if you are considered some kind of threat. If so, a Highway Patrol or State Police officer might be present during the hearing. It would be unusual for the ALJ to seek your arrest. Again these are generalities and no guarantee what might take place.

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Answered on 11/20/13, 6:31 pm
Terry A. Nelson Nelson & Lawless

Probably not, but no guarantee.

You need to handle and clear that warrant. To do so, you MUST turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present � which is safer and avoids immediately being taken into custody. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the country. 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 11/20/13, 6:44 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I pretty much agree with the previous answer. I would add that your chance of being arrested will vary with the degree of association between the subject of the administrative hearing and the charges underlying the warrant, and also with the prominence of your role at the administrative proceeding....if you are a principal, and the hearing is about you, the chance of someone noticing or knowing about the warrant and arranging for your arrest is greater than if you are merely someone who has been called to appear on someone else's behalf.

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Answered on 11/20/13, 6:46 pm


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