QUESTION
If I was charge with identity theft a year ago, sentenced to 45 days in jail and 3 years’ probation, I never turned myself in, what would I be facing?
Asked on Mar 21st, 2017 on Criminal Law - California
More details to this question:
I was a codefendant in an identity theft case a year ago in another county (the next county over) I took a deal and was sentenced to 45 days in jail and 3 years’ probation. Well I never turned myself in on my sentence day and have done my best to stay out of trouble. Well a couple weeks ago I was informed that I have a no bail warrant for identity theft. I know it's because I never turned myself in, never reported to any probation officer, nothing. So assuming I don't do anything is there a limitation on how long the warrant remains in effect for. If I do get arrested in my county or the other county what if any are my options? Does my 45 days I was supposed to serve start when I'm arrested? I am unsure how that whole process would work.
1 ANSWER
Nope. Once you are arrested you will have to first be arraigned on the probation violation (for not turning yourself in). Once the Judge has figured out the punishment for that, you will be sentenced, and then the 45 days will likely be consecutive to whatever you get for probation violation. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you. Once the warrant is recalled, the lawyer can negotiate with the Judge about punishment. That way you're not in an orange jump suit at the mercy of the Judge who is about to sentence you. It never goes well that way.
Answered on Jun 13th, 2017 at 6:06 AM