QUESTION
Was my warrant dismissed if I was not arrested?
Asked on Jun 14th, 2011 on Criminal Law - California
More details to this question:
I have a warrant for a failure to appear on a minor in possession of alcohol in one county and was stopped in another. for illegal left turn and cited the officer never mentioned the warrant but because it is there and I was not arrested and waiting for them to expedite or cut me loose. Does this dismiss the warrant or is it pick and choose who when and where when it comes to a warrant?
7 ANSWERS
Anthony Lowenstein
Not if you had a notice / promise to appear. For more information, please see my website.
Answered on Jun 17th, 2011 at 11:06 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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No. Your warrant is still there and needs to be taken care of ASAP. Had you been stopped in the same county in which your warrant was issued, there is a good chance you would have been arrested. However, because you were stopped in a different county they are not going to arrest on a minor in possession warrant and have to deal with transferring you into the custody of another county.
Answered on Jun 16th, 2011 at 10:45 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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The warrant is probably still out there. They may have missed it. You can also be cited out on a warrant if the bail amount is low enough.
Answered on Jun 15th, 2011 at 10:57 AM
No the warrant is still there the officers just did not see it or chose not to arrest you on it.
Answered on Jun 15th, 2011 at 10:52 AM
No the warrant is not dismissed (a warrant can only be quashed or recalled, never dismissed). Even if you were in the same county that the warrant was issued, it is still the officer's discretion whether to exercise it. The warrant remains.
Answered on Jun 15th, 2011 at 10:25 AM
Your warrant was no dismissed. You got very lucky. You should deal with the existing warrant by retaining an attorney ASAP.
Answered on Jun 15th, 2011 at 10:11 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Warrants are forever. To handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the new Failure to Appear charge, and negotiate any outstanding charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answered on Jun 15th, 2011 at 9:57 AM