If you dont show up for a court date you knew nothing about, can they still enforce an arrest warrant for you?

Question

I had an arraignment date for a charge in court over a year ago...the DA kept delaying it, with NCF (no charges filed). Finally after a year, the court dropped if from the calendar, whatever that means. Now I discover, without me knowing about it, that it went back on calendar, I missed the court date last week, (of which I knew nothing about), but of course I kept every previous court date (9 of them in a year) waiting for charges to be filed by the DA.. Now I have a felony arrest warrant, etc etc etc, no bail, all that stuff because I wasnt present in court on a date I knew nothing about. How do I go about handling this without being thrown in jail for who knows how long?????

I had an arraignment date for a charge in court over a year ago...the DA kept delaying it, with NCF (no charges filed). Finally after a year, the court dropped if from the calendar, whatever that means. Now I discover, without me knowing about it, that it went back on calendar, I missed the court date last week, (of which I knew nothing about), but of course I kept every previous court date (9 of them in a year) waiting for charges to be filed by the DA.. Now I have a felony arrest warrant, etc etc etc, no bail, all that stuff because I wasnt present in court on a date I knew nothing about. How do I go about handling this without being thrown in jail for who knows how long? Oh and I can't afford to hire an attorney, I plan on using a court appointed attorney as this relates to a CA drug rehabilitation option. I have been going to NA for a year now, have been drug free and now this. Sure I accept responsibility for my actions, but I dont want to go to any kind of jail. Period.

Answer 1

I guess they can. Why did you not know about it--did you move, and not inform the court? What about your lawyer--did he/she not know? Even changing your phone number could have prevented someone from getting in touch with you when they needed to.

All I can suggest is to do everything in your power to PROVE that you had no notification of this court hearing. I wish you luck.

Answer 2

You can be arrested by request of the arraigning judge by a bench warrant. However, I'd hire a good criminal lawyer to appeal the latest charge. You can argue that you showed up 9 previous times only to have the DA delay by submitting NCF. Justice delayed is justice denied and the delay came from the DA him/herself. Argue that you were not properly notified to appear because you were summarily dropped from the calendar and not served a subpoena by a process server or registered mail to appear.

Answer 3

First you don't handle it because it is too late. Most importantly you need an attorney - a good one will get the case dropped because he can make the DA look like a fool and also get you a much better deal with the court. If you don't get an attorney you have few good options. If you had hired an attorney in the first place you would not be in this situation.

Answer 4

The warrant is active and can be enforced. You do need to retain counsel who can defend against the non-appearance based on non-notification, the mitigating circumstances (you did appear on 9 previous occasions and were obviously not trying to avoid the arraignment), and get the matter re-scheduled for hearing. If you are arrested prior to retaining counsel, when you are brought before the judge for failure to appear, enter a not guilty plea, explain the situation if permitted, and ask for the matter to be rescheduled (continued), so that you can retain counsel or ask for a court appointed attorney.

Answer 5

Yes a warrant can be issused. The DA must show that reasonable attempts were made to notify you of the date. COntact the court ASAP and explain the situation. the warrant most likely will be canceled.

Answer 6

You need to contact the court or the DA and find out what the deal is. You will only make it worse if you try and run from this situation. Showing that you contacted them in regard to the matter will prove that you are sincere and concerned.

Answer 7

Hire an attorney to schedule an Order to Show Cause Hearing (OSC), and have him represent your interests at the hearing.

It sounds like once the attorney asserts your position, the Bench Warrant will be vacated.

Good luck!

Answer 8

yes they can aresst you only way go to the court and go to the windows the crimnal department request court day most of the time they will let you go to see the judg the same day which is good, but you will be in the court atlist at 8 am so they will let you see the judg don't be scare just try,Good Luck.

Answer 9

Interesting. Do you know that the United States is the only country (apart from China who is cooking their books) that has shown growth in the last 6 years? Everybody decided to do austerity instead of stimulus and they have dropped back into a recession. BTW because of all the extra revenue, our deficit is shrinking faster than my cotton panties in warm water.

Answer 10

they have to send you documentation for any arraignment that involves you.

then have a good lawyer ask the court what makes this case so different that your constitutional right to a speedy trial needs to be so thoroughly ignored...