I live out of state it has been 30 years. I have been back on track for many years since. How do I take care of this?

2 views 5 answers
I was arrested in the mid 80s. Under the influence of a controlled substance. They took pictures of my arms and set up court dates. My lawyer and I went and pled not guilty. Before the next court date I had become very ill with walking pneumonia and could not make my next Court date. He told me he would take care of it. I never heard from him or the court again. As it turns out I do still have a warrant.

Attorney Answers

5
David Kestenbaum ·
What courthouse is your case out of? Find an attorney who appears there often and get the warrant recalled asap. Not all Judges will allow just an attorney to appear to recall the warrant, but it is worth the effort. Since you did appear and then bench warranted, there is no Motion regarding speedy trial rights since you are the one who didn't appear after entering your not guilty plea. That being said, i doubt the officers are still employed and/or that the evidence is still available. In fact, several years ago, the LA Superior court ordered the destruction of old files, including warrants. Good luck!
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Ronald Hedding ·
The best way to take care of it is to hire a local attorney that appears in the court that your case is pending and let them go in there with you and take care of it. California has gotten a lot more lenient regarding drug cases you should have no problem taking care of this matter.
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Christopher Sohovich ·
You could have a great case for a speedy trial motion. I don't know the facts of your case but it's quite possible. As Mr. Hedding suggested, hire a lawyer where this occurred and you should be in great shape!
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Jay Finnecy ·
Easy--retain an attorney who practices in the county where the warrant exists. That attorney can appear, request that the warrant be recalled, and the case likely dismissed after all these years.
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Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
It would be VERY hard for the DA to prosecute this case now. The challenge will be to find the case. Once you do that should be a fairly easy matter to get the case dismissed. We have gotten dismissals on cases like these all the time. You do need a lawyer to do it esp given the age of the case.
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