Legal Question in Criminal Law in California

Can you finalize a felony cocaine possession charge after almost 10 years (June 14, 2000), without being present because I live across the country and can't travel because of severe seizures, but I want to get the case (warrant) settled. The warrant has a no extradite on it.


Asked on 9/03/09, 8:32 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You need to contact a criminal defense attorney in the county where the warrant was issued to help you clear up this mess. Is is very unlikely you will be able to resolve your situation without returning to California.

The term "non-extradition warrant" is misleading. The court where you failed to complete your time has apparently issued a warrant for your arrest, making you a fugitive. If you are arrested on the warrant in in the state where you are currently located, you could be held while the Governor's office in California decides whether to issue a Governor's warrant, which is a formal demand for the state to return you.

Following an arrest, there are procedures that vary from state to state, but most include an identity hearing to determine whether you're really the person named in the warrant, then a hearing of commitment on the Governor's warrant from the extraditing state. The process can take more than a month, and there are usually provisions to delay the process even longer if the Governor's warrant it not received.

Extradition is a nightmare. If you could drive from your current location to California in a week, extradition would probably take a month. There is no direct jail bus; prisoners being extradited are handed off between state, local and regional prisoner transportation agencies, and often have long layovers in holding facilities.

You can't "phone it in." You need legal help immediately.

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Answered on 9/03/09, 8:42 pm
Terry A. Nelson Nelson & Lawless

Felony charges require your personal presence in court at all hearings. Therefore, no it can not be done without you. If this is in SoCal courts, and you're serious about getting legal help when you come to take care of this, feel free to contact me.

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Answered on 9/04/09, 1:42 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

You need to retain a lawyer to handle the matter for you as soon as possible. While it is unlikely that everything could be resolved without your having to come to California, a good defense lawyer might be able to resolve a lot of issues, perhaps even resolve the case, before you have to come. This way there would be no surprises.

Jacek W. Lentz, Esq. 213.250.9200 www.lentzlawfirm.com

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Answered on 9/04/09, 2:25 pm


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