QUESTION

Can the case be transferred to another state or does he need to go to court where the ticket and warrant was issued?

Asked on Oct 17th, 2012 on DUI/DWI - California
More details to this question:
A friend currently has a bench warrant in California due to a DUI incident he never took care of. He is a resident of Minnesota and is stationed in the military in California.
Report Abuse

5 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Cases, and warrants, are handled ONLY in the state and county where issued. To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present which is safer for you and avoids immediately being taken into custody. You'll try to negotiate a recall of the warrant[s] and bail reduction or OR release. You'll try to negotiate a plea bargain on any Failure to Appear charge or probation violation that caused the warrant. You'll try to negotiate a plea bargain or take to trial the outstanding charge that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the country. While this isn't a 'capital case', you now face potential jail and fines, so handle it right. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. If serious about hiring counsel to help in this, feel free to contact me.
Answered on Oct 18th, 2012 at 6:26 PM

Report Abuse
The case cannot be transferred any where not even to a different c ounty. He may be allowed to appear by counsel, but some courts want the client there with the lawyer to get the warrant withdrawn.
Answered on Oct 18th, 2012 at 6:25 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
He needs to go to court where the ticket and bench warrant was issued.
Answered on Oct 18th, 2012 at 6:25 PM

Report Abuse
Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
Update Your Profile
The case must be heard in the jurisdiction in which it occurred. In rare cases venue can be changed within the state if one can prove unusual bias in the county where the incident occurred, but the case will not be transferred out of the state for determination of guilt or innocence. After conviction, the probation department can ask another state to assume responsibility for supervision.
Answered on Oct 18th, 2012 at 6:23 PM

Report Abuse
Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
Update Your Profile
It has to be dealt with in the court where the case is. Sorry. An attorney he hires can appear on his behalf.
Answered on Oct 18th, 2012 at 6:22 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters