Legal Question in Criminal Law in California

I have a warrant in California for �Battery on a Person�. In 2002, I was working for a woman who was personally using all the money that came into her own company. As the accounting person I could tell the business was going to fold (which it did a short time later). We had 6 other people working there and I warned them of what was going to happen because many of them had families to take care of. When the owner found this out, she locked all the doors of the office during business hours and started yelling at everyone, especially me, because of what I told my co-workers. She said we were all going to have it out. I started yelling that it was against the law to lock the doors during business hours and to let us out. She lunged at me and was holding me down in my chair, so I kicked her to get her off of me. I must have kicked her a few times before I was able to get her off of me. Her hands were digging into my arms. I continued to insist that she unlock the door and let me out, which she eventually did. I went for a drive to cool off and went home later that day to find all my belongings at my parent�s house (where I was living) on the lawn. She told them I attacked her and embezzled $40,000! My parents wouldn�t even speak to me. So with nowhere to go, I went to live with my best friend a county away (same state- California). When I got to my friend�s house we got a call from the police and they asked that I file a report, I gave them the address I was staying at, etc. They called back later saying they received my report, they have hers, they will call me, etc. That was the last I heard about any of it. A few years later I found out I had a warrant when I couldn�t get jobs because of it. I didn�t know what to do. I was scared to even call and ask about it. I was a single parent and was scared my kid would get taken away if I went to jail. Now I recently found out more information. I went home for my father�s death. My mother whom I hadn�t spoken to for 8 years, told me that she had received the reports, subpoenas, notices, everything and was so mad at me because of what she was told I had done that she threw them away. I am livid. For years I suffered as a single parent living hand to mouth and in fear and she threw my papers in the trash! And believe me, if I had received those papers, I would have loved to have had my day in court to defend myself. So I just want to know what I need to do to take care of this. I don�t want this on my record any longer. I now live in New York and my warrant is in California.


Asked on 2/05/10, 12:20 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Warrants are forever. Since you have an outstanding warrant, the only way to clear it is to either turn yourself into the charging court in CA and deal with it like should have been done originally, or risk being taken away in cuffs if you come in contact with law enforcement anywhere. Hire an attorney to help you turn yourself in and defend you. If it is a misdemeanor, your attorney can appear for you without your personal presence, meaning you could stay there until the case is ready for sentencing. If it is a felony, you must personally appear with your attorney at every court hearing. If your attorney can credibly show and convince the judge that you are remorseful and trying to properly handle it now, it will help minimize the penalties for the Failure To Appear and warrant, and will help you get released on your Own Recognizance [O.R.] or obtain reduced bail, since you came in voluntarily. Without knowing all the charges against you, all the facts and evidence and defenses, reviewing all the police reports, etc, there is no way of advising what you face. Misdemeanor charges face up to a year in jail on each. Felony charges can be multiple years in prison, each. If you have credible defenses, you might be able to get it dismissed, plea bargain it down, or take it to trial if you think you can win. If this is in SoCal / LA and Orange County area, and if you're serious about hiring counsel for this, feel free to contact me to discuss the issues.

Read more
Answered on 2/10/10, 3:42 pm


Related Questions & Answers

More Criminal Law questions and answers in California