Redondo Beach, CA asked in Criminal Law, Divorce, DUI / DWI and Traffic Tickets for California

Q: Can I File a Motion to Vacate for a Warrant I Was Unaware Of?

I recently found out from the police that I have a $5,000 warrant and need to resolve it at Glendale Court. Here's what happened:

- In March 2023, a detective from Glendale Police contacted me about an alleged violation of a temporary restraining order (TRO) due to an email I sent to my ex. This was my first TRO, and I explained to the detective that it was not intentional and provided evidence within two hours of receiving the order.

- After several phone calls with the detective, I received no further communication or mail, so I assumed the matter was resolved.

- Recently, I learned that the current $5,000 case is likely related to this incident, as the court mentioned a contempt of court order violation.

- I plan to address the warrant with the judge next week, but I never received any case progress notifications, Miranda rights, or related mail.

Given these circumstances, is it possible to file a Motion to Vacate? The

3 Lawyer Answers
Marc David Pelta
PREMIUM
Answered

A: No, you would need an experienced lawyer to handle this as soon as possible because each day you wait to resolve it can later be used against you by the District Attorney's Office.

A: Most likely you have already dealt with this so my giving my two cents probably does not make a difference. Most of what you stated would be reasons to recall the warrant and get the case going. It really does not go to whether you can dismiss the case but when you go in or already did go in, the public defender will have the file and you will be able to speak to that person and they will handle it. You can speak to them any possible defenses you might have. Good luck with your case.

James L. Arrasmith
PREMIUM
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Answered

A: Yes, you can file a Motion to Vacate the warrant, particularly since you never received proper notice of the court proceedings. The lack of notification about case developments and court dates could be grounds for having the warrant vacated, as it may have violated your due process rights.

Before filing the motion, gather all documentation showing your cooperation with the detective, including any emails or phone records from March 2023. Also collect any evidence that demonstrates you didn't receive court notices or summons at your correct address. These materials will strengthen your argument that you weren't properly served or notified.

When you appear in court next week, explain your situation to the judge and request to file the motion. However, be prepared that the judge might require you to post bail or take other immediate action regarding the warrant before considering the motion. You might want to consult with the public defender's office before your court date, as they can provide specific guidance on local court procedures and help you understand your best options for addressing both the warrant and the underlying TRO violation charge.

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