QUESTION
If I show up at court and my name is not on the list, will there be any consequences for me?
Asked on Aug 13th, 2012 on Criminal Law - California
More details to this question:
My mom took me to court but they told us that my name wasn't on the list. Its been more than 6 years and I dont know whats going to happen if my name was on the list??
10 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The easiest thing to do is to contact the clerk in the courthouse where your case was originally to be heard and ask if there is a file on your case. If there is no file and charges were never filed, then you should have nothing to worry about. If charges have been filed, then there is most likely a warrant out for your arrest. I would then strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Aug 15th, 2012 at 2:58 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know what you were charged with. Most misdemeanors have a 1 year statute of limitations, felony charges 3 years, sex cases at least 8 years and murder no limit.
Answered on Aug 15th, 2012 at 2:57 PM
That depends on what your appearance was for If your court appearance was for a misdemeanor or infraction, it's likely that the statute of limitations has run out and you can no longer be prosecuted. Even if the statute hasn't run, and the appearance was for a misdemeanor or infraction, you are entitled to have the case dismissed if no action has been brought against you within one year. This is called a Serna motion. Consult an attorney.
Answered on Aug 15th, 2012 at 2:57 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If there was a case filed against you and you didn't show up to court, a warrant would be issued for your arrest. If there was not a case filed, but you showed up, then it's on the prosecutor to either notify you or request a warrant be issued for your arrest. If you're concerned there's an arrest warrant out for you, contact a local criminal defense attorney to check and explore your options.
Answered on Aug 15th, 2012 at 2:56 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Call the Clerk and see if there is a warrant. Also, call the DA office if you get no response from the clerk. If a misdemeanor they have one year to file. A felony they have 3 years. Either the DA decided to dump it or there is a warrant and you have been lucky so far.
Answered on Aug 15th, 2012 at 2:56 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Its been more than 6 years ? If your case was not filed by the DA, it is "over" and too late for them to file now, unless it was a serious violent felony with a long statute of limitations. But, you should check with the court clerks office under your name and ID to confirm it was never filed. If it was filed, and if there is an arrest warrant outstanding for you, feel free to contact me for help.
Answered on Aug 15th, 2012 at 2:55 PM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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You should check with the criminal clerk's office to see if charges were ever filed. Better, you should have an attorney do it for you in the area where you think the charges were filed, to determine whether a warrant was ever issued for you. Sometimes new filings do not get posted on the master lists in the court hallway, and the City Attorney or District Attorney will file those charges later in the day.
Answered on Aug 15th, 2012 at 2:55 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Go to clerk office and make sure you know your date.
Answered on Aug 15th, 2012 at 2:54 PM
If it has been 6 years of course your name is not on the list. There must be a 6 year old warrant outstanding. You need to hire a lawyer to go to court to recall the warrant. If you go by yourself the Judge might just take you in. A lawyer can appear without you if it is a misdemeanor.
Answered on Aug 15th, 2012 at 2:53 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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More than 6 years since what? Ordinarily, when people ask this question, they were recently arrested, but the 6 years part of your post is confusing me.
Answered on Aug 15th, 2012 at 2:52 PM