San Marcos, CA asked in Criminal Law for California

Q: Didn't know that i missed court date back in October now got bench warrant please can you help me.

Is it safe to go to the court this morning alone to try in get this matter resolved or would i be arrested there in taken to jail on the spot?

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3 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: If you are charged with a felony, you absolutely will be taken into custody. If a misdemeanor, it depends on the nature of the offense (some yes, some no). If it is only a traffic ticket, most likely not. You're best course of action is to hire an attorney to handle it for you.

Here's a guide I wrote about what you can expect.

https://www.avvo.com/legal-guides/ugc/bench-warrant-violation-of-probation-diy-or-hire-a-lawyer-legal-guide-

David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: The quicker that you go in, the better.

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

A: more info needed.

why did you miss court date? did you not know or just forgot?

if it was a Felony it will be more serious than a misdemeanor.

you should either hire a lawyer or ask the court for a public defender. They will put the matter ON CALENDAR for the day and your case will no doubt be among the last cases to be called. You or your lawyer will explain WHY you did not appear. The judge may set bail if s/he thinks you were really at fault.....as opposed to a covid related nonappearance issue.

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