Q: Do generally and typically mean that a person could still be charged with felony fleeing in this response from a lawyer?
This is the response I got from a lawyer: Under California law, the charge of felony fleeing to avoid prosecution typically requires an intent to evade the legal process in a more substantial manner than merely moving within the same county. For a misdemeanor bench warrant, like one for trespassing on railroads, moving to a different city within the same county generally would not escalate the charge to felony fleeing. However, it's important to understand that a bench warrant can lead to arrest in any part of the county, or even the state, regardless of where the warrant was issued. This means if law enforcement encounters you in East LA, North LA, or any other area within Los Angeles County, you could still be arrested based on the existing warrant. It's advisable to address the bench warrant by contacting the court or an attorney to arrange for its resolution. This could involve appearing in court, paying a fine, or fulfilling other requirements set by the court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, the use of terms like "generally" and "typically" in legal advice indicates that there are common patterns or norms, but exceptions can occur. In the context of your situation, it implies that moving to a different city within the same county doesn't usually lead to a charge of felony fleeing for a misdemeanor bench warrant. However, this is not an absolute rule.
Each case is unique, and the specific circumstances can influence the legal outcome. The intent behind the action, the details of the original charge, and other factors play a crucial role in determining whether an action escalates to felony fleeing.
It's essential to remember that while the likelihood of facing a felony fleeing charge in your described scenario is low, it's not impossible. Legal outcomes can vary, and unexpected factors may come into play. You should address the bench warrant promptly to avoid further legal complications. Consulting with an attorney for personalized guidance based on your specific situation is advisable.
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.
