What is the name of your state? California.
I was arrested in Orange County, California for violation of Health & Safety Code Section 11377(a), (Possession of Methamphetamine) in August of 2004. I made Bail (for $2500) & was subsequently released. Upon my release, I was given a court appearance date which was approximately twenty days after my arrest.
When I arrived in court on that day, I checked the court calendar, but my name/case number was not listed. So I went to the Clerk's office & was told to go to the DA's office. There, I spoke to a lady who told me that the DA had not filed charges against me yet. She suggested I call back the following week to inquire as to when the DA will file/ when am I supposed to appear again.
So I called once the week after, twice the week after that & twice again the third week & received the same answer each & every time: "the D A has not filed yet". On my last call, the lady I spoke to said that they will send me a letter notifying me of when to appear for the arraignment. It was now the first week of October.
I waited until mid December & since I hadn’t received any letters from them, I called & was told to appear five days later. As I was driving to court that morning I had two of my car tires blow out (metal debris on the freeway)... So I called the court & was given the runaround, transferred numerous times… until I spoke to a gentleman at the Clerk’s office who explained to me that if I fail to appear on that day, a warrant will be issued for my arrest but that I can simply go to the Clerk's office when I am able to re-appear & that the warrant will be "recalled", my arraignment will be rescheduled & the case will proceed accordingly.
Well, stupid me, I waited & put it off until recently, when I came across a website where I found out that the Bench Warrant had been issued, but that it is now $4000.
I have known all along that this is not going away & I do want to take care of it immediately. Although I do have a few questions which I hope someone can answer for me.
1. Will I be arrested when I show up at the clerk's office to request that they reschedule my arraignment? And will I have to post additional Bail (an additional $1500) when I do that?
2. Do I have any argument (as far as the entire case is concerned) due to the fact that it took the D A four months (121 days to be exact) to file charges & set up a date for my arraignment? I do realize that since I failed to appear in December, I would be a hypocrite if I were to mention my "right to a speedy trial", yet keep in mind that the delay on the part of the D A occurred prior to my failing to appear.
3. Section 11377(b) of the California Health & Safety Code states that the charge against me is a "Misdemeanor". Yet the warrant information which I obtained over the internet shows it as a "Felony Warrant". Is that because of my “Failure to Appear”?
Any input or information will be greatly appreciated. Also, I trust that you will post a message if you need any additional info. Thank you.
I was arrested in Orange County, California for violation of Health & Safety Code Section 11377(a), (Possession of Methamphetamine) in August of 2004. I made Bail (for $2500) & was subsequently released. Upon my release, I was given a court appearance date which was approximately twenty days after my arrest.
When I arrived in court on that day, I checked the court calendar, but my name/case number was not listed. So I went to the Clerk's office & was told to go to the DA's office. There, I spoke to a lady who told me that the DA had not filed charges against me yet. She suggested I call back the following week to inquire as to when the DA will file/ when am I supposed to appear again.
So I called once the week after, twice the week after that & twice again the third week & received the same answer each & every time: "the D A has not filed yet". On my last call, the lady I spoke to said that they will send me a letter notifying me of when to appear for the arraignment. It was now the first week of October.
I waited until mid December & since I hadn’t received any letters from them, I called & was told to appear five days later. As I was driving to court that morning I had two of my car tires blow out (metal debris on the freeway)... So I called the court & was given the runaround, transferred numerous times… until I spoke to a gentleman at the Clerk’s office who explained to me that if I fail to appear on that day, a warrant will be issued for my arrest but that I can simply go to the Clerk's office when I am able to re-appear & that the warrant will be "recalled", my arraignment will be rescheduled & the case will proceed accordingly.
Well, stupid me, I waited & put it off until recently, when I came across a website where I found out that the Bench Warrant had been issued, but that it is now $4000.
I have known all along that this is not going away & I do want to take care of it immediately. Although I do have a few questions which I hope someone can answer for me.
1. Will I be arrested when I show up at the clerk's office to request that they reschedule my arraignment? And will I have to post additional Bail (an additional $1500) when I do that?
2. Do I have any argument (as far as the entire case is concerned) due to the fact that it took the D A four months (121 days to be exact) to file charges & set up a date for my arraignment? I do realize that since I failed to appear in December, I would be a hypocrite if I were to mention my "right to a speedy trial", yet keep in mind that the delay on the part of the D A occurred prior to my failing to appear.
3. Section 11377(b) of the California Health & Safety Code states that the charge against me is a "Misdemeanor". Yet the warrant information which I obtained over the internet shows it as a "Felony Warrant". Is that because of my “Failure to Appear”?
Any input or information will be greatly appreciated. Also, I trust that you will post a message if you need any additional info. Thank you.