Legal Question in Criminal Law in California

How do you properly recall and quash a warrant in the state of California regarding failure to pay a $300 fine on a misdemeanor charge/ DUI?

Asked on 7/22/13, 11:31 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

To handle a warrant, you MUST turn yourself in to the issuing court, with or without an attorney. 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. 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. 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, 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 7/23/13, 12:40 am

Joe Dane Law Office of Joe Dane

Warrants remain active until one of two things happens: you get arrested or the judge recalls it.

To avoid being arrested, you (or your attorney) can appear and request that it be recalled. Is there a chance you get taken in if you show up? Potentially, but it depends on the facts, when the warrant was issued, any prior glitches, whether you can immediately cure the issue, etc.

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Answered on 7/23/13, 7:44 am

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