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.
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.
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