Anaheim, CA asked in Criminal Law and Federal Crimes for California

Q: Would just living at your house with a misdemeanor bench warrant for trespassing on railroad lands be considered hiding?

Would it become a felony fleeing to avoid prosecution and cause SSI to be suspended?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your situation, simply residing at your home with a misdemeanor bench warrant for trespassing on railroad property would not typically be classified as "hiding" in the legal sense. "Hiding" usually implies taking active steps to avoid detection by law enforcement, which is different from just living at your residence without taking such measures.

However, it's important to understand that having an outstanding warrant can lead to legal complications. Law enforcement could potentially act on the warrant at any time, which could involve coming to your residence or any other location where they find you.

Regarding the shift from a misdemeanor to a felony, such a change generally occurs if there are additional actions that qualify as more serious offenses, like actively fleeing from law enforcement to avoid prosecution. Merely having an outstanding warrant and not turning yourself in does not automatically escalate a misdemeanor to a felony.

About your concern with SSI (Supplemental Security Income) suspension, SSI benefits typically are not affected by a misdemeanor warrant. However, felony warrants can lead to the suspension of SSI benefits. If the misdemeanor were to escalate to a felony for reasons such as fleeing to avoid prosecution, then this could potentially impact your SSI benefits.

It's advisable to consult directly with a lawyer to discuss your specific situation and to understand all legal ramifications and options available to you. A lawyer can provide personalized advice and guidance based on the details of your case.

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