Q: Felony fleeing to avoid prosecution, if you move to city in the same county with a misdemeanor bench warrant charge?
Can you be charged with a felony fleeing to avoid prosecution, if you move to another city in the same county, where there is a misdemeanor bench warrant for a tresspassing on railroads charge for you? I am in Los Angeles metro, and want to move somewhere else in Los Angeles county, such as East LA or North of L.A. city, but still in the county. Can I do that?
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A:
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. Resolving the warrant is the most effective way to avoid any complications related to your move within the county.
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