Durham, NC asked in Criminal Law and DUI / DWI for California

Q: How do I clear an incorrect old Open Bench Warrant.

Unfortunately, because it is so long ago, I have no documentation. I cannot even remember the Bail company name. Things I remember:

1) I had a public defender

2) Judge reduced to misdemeanor and I was issued..I think $300 fine which I paid the same day.

3) I was issued a paper to provide to the Bail Bonds company.

I have never received any notice that I did not show. The court date was in the beginning of Sept. 1998. The warrant "supposedly" issued the middle of Sept. However, I was in CA. at the same address until the end of the year and never received any mail stating that I had not showed. My license was not suspended, I have gotten several background checks over the years and this has never showed.

I contacted the courts who told me to come in. I told them that was impossible as I live across country. They stated to send in a letter. I have sent two letters and have received no response.

Related Topics:
2 Lawyer Answers
Roland Bakhache Perez
Roland Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA
  • Licensed in California

A: You need to walk the case on, that means go to court at 8am stand in line to have them pull your case file and sent to a courtroom to see a judge. You can hire an attorney to go with you if you want or you can do this yourself.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: if you are financially able you should hire a lawyer to assist you.

the lawyer would look in the court computer to determine what / when you did not show.

often it is a condition of probation you did not comply with.

on dui's it is often a dui that was not filed by the arraignment date when you appeared and is later filed without any notice to you.

but you said you paid a fine......

in any event your lawyer, if necessary,can file a SERNA motion explaining the DA did not attempt to reach you and they did not prosecute you in a timely manner and thus the case should be dismissed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.