North Hollywood, CA asked in Criminal Law and Federal Crimes for California

Q: Can a person with a misdemeanor warrant for missing a court date be charged with a felony fleeing to avoid prosecution?

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James L. Arrasmith
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Answered

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.

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