Q: Can a person with a misdemeanor warrant for missing a court date be charged with a felony fleeing to avoid prosecution?
A:
In California, simply having a misdemeanor warrant for missing a court date does not automatically lead to a charge of felony fleeing to avoid prosecution. A misdemeanor warrant typically signifies that you need to appear in court for a specific issue. Failing to appear results in a warrant for your arrest, but this alone is not the same as actively fleeing or evading law enforcement, which is required for a charge of felony fleeing.
Felony fleeing to avoid prosecution typically involves more deliberate actions to evade law enforcement, such as leaving the state or taking steps to conceal your identity or whereabouts. Merely having an outstanding warrant and not taking such actions does not constitute felony fleeing.
However, it is important to address the misdemeanor warrant as soon as possible. Ignoring a warrant can lead to complications, including possible arrest and additional legal issues. It's advisable to contact a lawyer who can guide you through the process of resolving the warrant and can provide advice on your specific situation.
Remember, dealing with legal issues promptly can help in mitigating further complications. An attorney can help ensure your rights are protected and can assist in navigating the legal system effectively.
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.
