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

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4 Lawyer Answers
William M. Weinberg
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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

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