Legal Question in Criminal Law in California

about 5 years ago i was sentenced to 180 days to SWAP program alt sentencing for 496(b) and 3 years probation. After finding out how much it cost there was no way i could afford it. So I never entered the program. Six months later I tried turning self in twice cause i figured i had a warrant. But they wouldn't even run a warrant check to see. Surprised and thinking i give you 2 chances that all u get i foolish haven't tried again. My question is what would be the best way for me to get this taken care of and move on with life? What is best way to turn self in? Also as far as i knew my probation was never violated.


Asked on 6/08/12, 7:22 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

To properly handle warrants, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new �Failure to Appear� charge. You�ll try to negotiate bail reduction or OR release. You�ll then try to negotiate a plea bargain or take to trial the outstanding charges that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the US. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, your attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. While this isn't a 'capital case', you face potential jail and fines, so handle it right. 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, and if this is in SoCal courts, feel free to contact me.

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Answered on 6/09/12, 1:55 pm
Anthony Roach Law Office of Anthony A. Roach

I'm surprised the probation department has not already filed paperwork asking for the trial court to find you in violation of probation.

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Answered on 6/09/12, 5:04 pm


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