Highland, CA asked in Criminal Law for California

Q: i have a warrant and i have been diagnosed with cervical cancer what can i do to stay out of jail to continue treatment

i got the warrant for missing court and i missed court due to my medical problems and i have been undergoing treatment for the past year. I am now at the end of treatment for now and i will continue treatment in 5 weeks but for the mean time i want to clear up my warrant is there anything i can do so that i wont miss my up coming treatment appointments

Related Topics:
4 Lawyer Answers
William M. Weinberg
William M. Weinberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: I am sure you could get the warrant recalled. You would just have to go to court, go see the clerk and ask that the case be put on calendar. The judge would easily recall the warrant and give you an extension of time. If you have an attorney, the attorney can do it without you but would need proof of your medical condition of course.

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA
  • Licensed in California

A: So sorry to hear that, any attorney will be able to help you - you just need to get them the proof to show the court. I hope you treatments help with your medical issues, focus on that and just let the attorney handle the case for you.

David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: You should gather all your medical records and meet with an experienced criminal defense attorney near the Courthouse that the warrant was issued from.

A lot depends upon what type of case (Felony or Misdemeanor) and what phase(previously or post conviction) as well as any prior record.

Whole most courts have some empathy they will all tell you that you should have let the Court know, not just be missing.

The longer you wait, the more likely you'll get remanded into custody, so use this time to get together your BBC records as well as a letter from your Physician detailing your diagnosis and treatment that can't be done in the medical ward of the jail...

If you can't afford a private attorney, gather the docs and try to see the Public Defender. If you Bench Warrated after they were appointed they are still your lawyers.

Do this next week. Believe it or not, most warrants get cleared during minor traffic stops, so be careful.

Sorry to add to your stress, but the unknown is worse than the going to court and facing the music.

Good luck on both fronts!

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

A: you or your lawyer need to go to court to put the case ON CALENDAR and then explain what you have said here.

I would bring documentation of your issues.

you should be able to quash/remove the warrant

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.