Los Angeles, CA asked in Criminal Law for California

Q: Due to Covid the probation and courts have been closed. They reopened without my knowledge and I missed my court date.

I called probation and left a message for her the day of my court date (a friend of mine saw I was on the list) I also called my lawyer and the court. My probation officer's voicemail said she was not back till the 18th of June and my lawyer never called me back. I was never scheduled for the 9th and never received a single notification about it. I do not live near that county and was doing everything via phone

My lawyer was court appointed, is incredibly rude and does not care about my legal representation in the first place. He has never once returned ANY of my calls in the past

The police raided my house because my roommate was helping the county open a needle exchange program, since he was not home and Iowned the home I got charged with 5 charges but got it lessoned to a parafinalia charge and put on probation under California prop 47.

I am so worried I now have a Warrant and my life will be ruined, even more than that town/sherrifs departmet has already done

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1 Lawyer Answer
Stanley Dale Radtke
Stanley Dale Radtke
  • Criminal Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: You need to call the criminal clerk at the county court house and tell them what you just wrote. In most counties, the procedure is to file a single page form asking the court to recall the warrant, the clerk will place your matter on the court's docket. Go to court and when your case is called, explain what happened. The judge then will issue a ruling, either resetting your matter to another court date, or worst case, ordering you into custody. What will be the driver of this decision is your history, if you have several failures to appear on your record, or if the DA has filed new charges and the charges are serious. You should confer with your court appointed attorney to assist you in this process.

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