Legal Question in Criminal Law in California

If a person on five year suspended sentence and get a resisting arrest charge but run wen they try to remand him at arraignment so a felony warrent is issued is there a way for a lawyer to get it were he don't go to jail at all not even turn his self in ?

Asked on 6/25/13, 6:56 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

There are a lot of facts you left out. First is it execution of sentence suspended or imposition of sentence suspended? Second is the resisting arrest charge for running at arraignment or for another incident?

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Answered on 6/25/13, 9:08 pm

Terry A. Nelson Nelson & Lawless

A new arrest will result in a probation violation on the original felony case, with possible return to prison on the original sentence.

The new charges and your 'running' resulted in another new arrest warrant, and possible new charges of 'flight to avoid'.

To handle a warrant, 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. 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 plea bargain or take to trial the outstanding charge that caused the warrant. 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. 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 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 6/28/13, 1:38 pm

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