Extent of Misdemeanor Warrant

[YBA]

What is the name of your state?What is the name of your state? CA

If you have a warrant in California for misdemeanor charges, and you do not live in California does this warrant appear when your ID is run in other states?

I ask because my wife and I were told almost 8 years ago that some charges were dismissed. This was when she was 18 and was relying on her mother to handle the bulk of this situation. Her mother claimed it was all cleared up. Since then she has had her ID run and background checks done for daycares (done at the PD), and nothing ever turned up.

Now, we moved back to California and went to the PD to report a stolen purse and they ended up arresting her for a warrant we didn't know existed.

So outside of California can she be arrested for a warrant for misdemeanors? And since I bailed her out, is it possible for her to be charged with failure to appear on own recog (a felony), if she didn't appear? Or would that (seemingly obviously), be inapplicable?

Obviously we don't expect that the court would go easy on her since she didn't turn herself in (not knowing the charges still existed). We were planning on moving out of state in the next month anyway because of a home purchase. Thus, her doing ANY time for this would basically destroy our family right now.

 

[Happy Trails]

What is the name of your state?What is the name of your state? CA

If you have a warrant in California for misdemeanor charges, and you do not live in California does this warrant appear when your ID is run in other states?

I ask because my wife and I were told almost 8 years ago that some charges were dismissed. This was when she was 18 and was relying on her mother to handle the bulk of this situation. Her mother claimed it was all cleared up. Since then she has had her ID run and background checks done for daycares (done at the PD), and nothing ever turned up.

Now, we moved back to California and went to the PD to report a stolen purse and they ended up arresting her for a warrant we didn't know existed.

So outside of California can she be arrested for a warrant for misdemeanors? And since I bailed her out, is it possible for her to be charged with failure to appear on own recog (a felony), if she didn't appear? Or would that (seemingly obviously), be inapplicable?

Obviously we don't expect that the court would go easy on her since she didn't turn herself in (not knowing the charges still existed). We were planning on moving out of state in the next month anyway because of a home purchase. Thus, her doing ANY time for this would basically destroy our family right now.

In California, felony and misdemeanor warrants are entered into state and regional computer-tracking systems. The hope is that during routine traffic stops or in the course of another investigation, officers can run background checks that will disclose any outstanding warrants. They can then take the suspects into custody.

Why not take care of this problem and put it behind you once and for all?

 

[CdwJava]

Now, we moved back to California and went to the PD to report a stolen purse and they ended up arresting her for a warrant we didn't know existed.

Mant local misdemeanor warrants are not entered into NCIC as they are not going to be extradiable outside the state (i.e. the issuing agency is not going to pay for them to be transported back to CA).

So outside of California can she be arrested for a warrant for misdemeanors?

Yes. It depends if the warrant is entered into NCIC and if the issuing agency confirms the warrant and extradition. Obviously the previous warrant was not entered in to NCIC. A fugitive warrant (for being released O/R and then not showing) almost certainly would be. And you could guarantee that the NEXT arrest warrant would be tagged: "NO BAIL".

And since I bailed her out, is it possible for her to be charged with failure to appear on own recog (a felony), if she didn't appear? Or would that (seemingly obviously), be inapplicable?

Well, the bail would be forfeit AND she could get all new and wonderful charges for failing to appear. Not to mention YOU could be charged as an accomplice in assisting a wanted fugitive to escape the jurisdiction ... and conspiracy to commit ANY offense is a felony in CA.

We were planning on moving out of state in the next month anyway because of a home purchase. Thus, her doing ANY time for this would basically destroy our family right now.

It's better to hire an attorney and take care of it now rather than take a chance that both of you will go to jail later.

But, it's your call. Handle it now, or wait til it's even more inconvenient.

- Carl

 

[YBA]

Well as for the NCIC issue, she was already charged with not appearing. The problem is that it's not exactly an "either way's doable" situation for her to go to jail or not. Going to jail following the original arrest 8 years ago (for two weeks), was already traumatic enough. All the more so considering the fact that the people filing the charges should have legally been the ones being arrested. Being black in Ventura County isn't quite as easy as you might presume. They didn't move the trial for the Rodney King beatings there for nothing.

I'm not "conspiring," but I am asking out of concern for my wife. Whatever she decides to do I will understand and support her. Last time I checked, that's not a crime... even in California. I don't mean to sound angry, but this is a very ridiculous situation, and very ridiculous charges.

 

[CdwJava]

Then get an attorney to handle it.

And, yes, you could be charged with conspiracy ... if you post bail, then knowingly assist and allow her to skip bail and reside with you in another state, that could very easily place you in jail.

And, what do you mean that the one filing the charges should be the ones arrested? If someone made a false allegation against her, then hopefully that can be proven in court. An 8 year old case will be tough enough to prosecute, why add new charges to it that will be much easier to prosecute?

If the charges are bogus or are easily handled, you need an attorney to deal with the matter. Running from it just delays what is likely to be inevitable. And with a home purchase, you just make yourselves easier to find should they seek to extradite you.

As I said, it's your call. But looking over my shoulder wondering if today is the day they'll show up doesn't seem like much of a life to me.



- Carl

 

[YBA]

Living within someone is "conspiracy?" I'm a bit skeptical of that. I'm hardly a legal expert, but I have plently of Police Officers in my family, and a BA in Criminal Justice. I doubt that this would pass the smell test for "conspiracy" but that is neither here nor there. I'm also not in California at the moment, so I'm not sure which jurisdiction of the Thought Police would prosecute me. Again, sorry if I sound a *tad* angry, but this whole process has really soured me on a lot of things that I formerly took for granted.

What I mean by the people making the false charges against her being the ones who should have been charged is that she was physically grabbed and thrown to the ground by store security who accused her of stealing less than $1.00 of a cheap snack food which her mother was paying for in line. Before this could be accomplished the false and illegal arrest was made by these security "officers." She fought back in the form of kicking and screaming from the ground and was charged with assault. In the back room her mother explained she was paying for the item and had it all along. They didn't care, (neither did the Police for that matter). In frustration she threw a stapler towards the Security Guards, but it hit no one. That was Assault With a Deadly Weapon. The prosecuter then threatened her with Attempted Murder even, but that didn't fly.

Now, again, not being a legal expert, I know from working plenty of security in my past, and almost becoming a Police Officer myself that these two who attacked her committed the crime and should have been arrested. They weren't.

We have recently hired an attorney and plan to try to deal with this. My questions are from my own worries in the event that she doesn't decide to just decide to "bend over and take it" in the event that Ventura County is in the mood for a legal lynching so to speak. So the intention isn't to commit any "conspiracy" but rather to see what she would be facing if she went the other route, so as to inform her of this and be informed of it myself. But as seems epidemic for California (no offense, it's a beautiful place), the innocent are presumed guilty and someone who hasn't harmed anyone or violated anyone's rights is on the defensive.

 

[CdwJava]

Living within someone is "conspiracy?" I'm a bit skeptical of that. I'm hardly a legal expert, but I have plently of Police Officers in my family, and a BA in Criminal Justice. I doubt that this would pass the smell test for "conspiracy" but that is neither here nor there.

Well, it wouldn't be "thought police" to argue that you bailed her out and then knowingly assisted her in fleeing or remaining outside the jurisdiction. It's not like you would be an unknowing or unwitting accomplice.

But, it's your risk. I have seen Conspiracy convictions for less. And they might not even bother with extradition on this one ... but warrants have a way of becoming inconvenient when they are least expectd to be.

What I mean by the people making the false charges against her being the ones who should have been charged is that she was physically grabbed and thrown to the ground by store security who accused her of stealing less than $1.00 of a cheap snack food which her mother was paying for in line. Before this could be accomplished the false and illegal arrest was made by these security "officers." She fought back in the form of kicking and screaming from the ground and was charged with assault. In the back room her mother explained she was paying for the item and had it all along. They didn't care, (neither did the Police for that matter). In frustration she threw a stapler towards them, but it hit no one.

Well, not knowing ALL the details, I can see arguments all over the place for both sides of the issue. SO I can't say one way or the other what the validity of the charges might be. However, wouldn't it be best to just go to court and get it over with?

That was assault and battery. The prosecuter then threatened her with Attempted Murder even, but that didn't fly.

I read in your update that it was charged as Assault with a Deadly weapon ... so, was it dropped to a misdemeanor?

Your original post was regarding the extent of a misdemeanor warrant ... ADW is a felony, normally - unless reduced by a 17b4 motion.

Now, again, not being a legal expert, I know from working plenty of security in my past, and almost becoming a Police Officer myself that these two who attacked her committed the crime and should have been arrested. They weren't.

It would really depend on the circumstances. And without going to trial, it made it essentially impossible to turn the tables. The guards can argue that they were lawfully detaining a "combative" suspect or defending themselves. Who knows? But after 8 years, any chance of this case going anywhere is slim to none. Chances are the original case ain't going far because the original witnesses are likely gone and spread all over the place. The only crime that they can likely prosecute at this point is her FTA for the original warrant ... unless she was already convicted, in which case she could face time for the original crime.

We have recently hired an attorney and plan to try to deal with this.

Ah! Excellent!

My questions are from my own worries in the event that she doesn't decide to just decide to "bend over and take it." So the intention isn't to commit any "conspiracy" but rather to see what she would be facing if she went the other route, so as to inform her of this and be informed of it myself.

Whether they would extradite her depends on the nature of the charges filed. Without knowing that, it's impossible to say.

But I think you're going the wisest way possible through the attorney. This might minimize the time necessary for her to appear in court, and can likely keep her (or you) from facing any additional charges.

Good luck.

- Carl

 

[YBA]

"Well, it wouldn't be "thought police" to argue that you bailed her out and then knowingly assisted her in fleeing or remaining outside the jurisdiction. It's not like you would be an unknowing or unwitting accomplice."

She's a big girl, she can leave or stay on her own. She doesn't need my "assistance." As well, paying her bail doesn't demonstrate conspiracy, especially since I paid it on my own. Conspiracy implies more than one person. She didn't get a chance to talk to me. I showed up with the money because they told me I had one hour before she was taken to Ventura. But again, this is tangental. I just don't believe that legally, or in any sense of reality, I could be accused of conspiracy for anything. As well, I do not believe that a spouse is required to move out of the house if their spouse doesn't go to court.

"But, it's your risk. I have seen Conspiracy convictions for less."

That's a sad testimony to what has become of this Nation. I do believe you though, though I wish I could say that such a claim is unbelievable.

"And they might not even bother with extradition on this one ... but warrants have a way of becoming inconvenient when they are least expectd to be."

No kidding. Like when you go to the Police Station to report a stolen purse and you end up being arrested in front of your crying children. Merry Christmas.

"Well, not knowing ALL the details, I can see arguments all over the place for both sides of the issue. SO I can't say one way or the other what the validity of the charges might be. However, wouldn't it be best to just go to court and get it over with?"

Well, I would say that if she can get a fair trail then the answer is yes. Can you guarantee her a fair trial in Ventura County?

"I read in your update that it was charged as Assault with a Deadly weapon ... so, was it dropped to a misdemeanor?"

Yes, they are all misdemeanors. Assualt with a deadly stapler that didn't hit anyone. You gotta watch out for those flying staplers. I bet death by flying stapler is right up there with drunk driving accidents and drive-by-shootings

"Your original post was regarding the extent of a misdemeanor warrant ... ADW is a felony, normally - unless reduced by a 17b4 motion."

Yes I know. Nevertheless, the charge has ALWAYS been a misdemeanor. That's because she didn't assault anyone with a deadly weapon. The police were trumping up charges.

"It would really depend on the circumstances. And without going to trial, it made it essentially impossible to turn the tables. The guards can argue that they were lawfully detaining a "combative" suspect or defending themselves."

Yes, but unfortunately for them her sister and all of her friends there with her who stopped to get snacks on the field trip were witness to this.

"Who knows? But after 8 years, any chance of this case going anywhere is slim to none. Chances are the original case ain't going far because the original witnesses are likely gone and spread all over the place."

That would be nice.

"The only crime that they can likely prosecute at this point is her FTA for the original warrant ... unless she was already convicted, in which case she could face time for the original crime."

No she was never convicted. So you can still be prosecuted for FTA when the original charges you were supposed to appear for are dismissed?

"Whether they would extradite her depends on the nature of the charges filed. Without knowing that, it's impossible to say."

Assault (kicking and screaming from the floor), Assault with a deadly weapon, Petty Theft, Failure to Appear... All misdemeanors; I've seen the database record myself.

"But I think you're going the wisest way possible through the attorney. This might minimize the time necessary for her to appear in court, and can likely keep her (or you) from facing any additional charges."

Ah, this is good. One of the worst things is that we were planning on moving long before this. It would be NICE if we could have the attorney make the preliminary appearances and if the prosecutor wants to take it to trial then we could come out for that. Something tells me that's not going to be doable though.

 

[CdwJava]

Throwing almost any object is going to be charged as ADW. The section may be called assault with a "deadly" weapon, but it also includes force likely to cause great bodily injury. And I think it's safe to say being hit by a big stapler COULD cause great injury. The DA usually offers a downward plea as part of a deal, though - or they drop it off the bat. The police normally charge high. In your wife's case they either dropped it to plain assault (PC 240) or dropped the PC 245 via 17b4.

I still think that going to court now will be the best option. The original charge will be almost impossible to prosecute, so she can like either get that pled down or dropped. And the FTA, being a seperate offense, can be charged and prosecuted. But, it would likely be rolled into whatever deal came your attorney's way.

And accepting a deal would be the best way to minimize appearances, I imagine ... maybe one or two appearances.

With regards to Ventura County, I'm not too familiar with the system there but I have heard that it's pretty good. But, my southern California experience was a tad further south from there.

- Carl

 

[YBA]

Every attorney we contacted laughed and said "Ohhhh Ventura County, THAT explains it." One group of attorneys said "There is a saying amongst attornies out here that 'I went on vacation to Ventura County and came back with probation.'"

From what they all tell us Ventura has a bit of a reputation for regarding people as guilty until proven innocent and the prosecution being a little on the insane side.

She doesn't care about pleading to a lesser offense. Obviously she isn't thrilled about the idea of basically lying and saying she committed crimes that she didn't commit, but the goal is really to keep our family intact and not go to jail because of these trumped up charges that her mother insisted to us over 7 years ago were dropped.

What do you think the odds are of her not doing ANY jail time? Anything else is fine; community service, whatever. She's never been in any trouble since this, she's a children's portrait photographer, and a mother. If the original charges being ridiculous were not enough, I would hope (though not expect), that the fact that she's never been in trouble except for this one allegation of Grand Theft Donut and Assault With a Deadly Stapler (not a big one, just a normal sized one like any school teacher has... the kind that probably wouldn't even bruise you if hit by it), would perhaps make the prosecution calm down a bit. Nevertheless, it seems like they will assume that she was running because she didn't turn herself in (again, not knowing that she had a warrant).

 

[CdwJava]

What do you think the odds are of her not doing ANY jail time? Anything else is fine; community service, whatever. She's never been in any trouble since this, she's a children's portrait photographer, and a mother. If the original charges being ridiculous were not enough, I would hope (though not expect), that the fact that she's never been in trouble except for this one allegation of Grand Theft Donut and Assault With a Deadly Stapler (not a big one, just a normal sized one like any school teacher has... the kind that probably wouldn't even bruise you if hit by it), would perhaps make the prosecution calm down a bit. Nevertheless, it seems like they will assume that she was running because she didn't turn herself in (again, not knowing that she had a warrant).

I couldn't even venture a guess at the odds as I am not familiar at all with the courts there. But, the fact that she had been on the lam will not do well for her.

I would think probation and such would be a good bet ... but then, I don't know what the DA has on his table.

- Carl