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Will I be arrested when I appear?

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occharge

Member
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 for mid September (approx. 20 days after my arrest).

I showed up for my arraignment but as it turned out, the DA had not filed as of yet. It took numerous calls and finally I was told, as well as received a letter telling me to appear the third week of December (4 months after the arrest).

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 & after getting transferred numerous times 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.

My question is: Will I be arrested when I show up in Court to request that they reschedule my arraignment? And will I have to post additional Bail (an additional $1500) when I do that?

Thank you in advance for any information you can provide.
 
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CdwJava

Senior Member
occharge said:
My question is: Will I be arrested when I show up in Court to request that they reschedule my arraignment? And will I have to post additional Bail (an additional $1500) when I do that?
Nobody can say for sure if you WILL be arrested and have to post bail, but it is very likely. Most judges aren't going to take a chance that you are going to boogie again so they will likely remand you or force you to pony up NEW bail.

Your previous bail has probably been forfeited so you better hope that the people that lost their collateral on the bond are really, really good friends that still like you ... unless you ponied up the full amount.

- Carl
 

TYRIS

Member
My question is: Will I be arrested when I show up in Court to request that they reschedule my arraignment? And will I have to post additional Bail (an additional $1500) when I do that?


- Carl pretty much said it. When you go to the court house, contact the county clerk to reset your court date. One of two things will happen:

1) You reset your court date and the warrant is retracted.

2) You are arrested, taken to jail, booked, bail out with a new court date...or stay in jail and see the judge in the morning.

It will depend on whether the warrant is a "no bail" warrant or has a bail amount that you can pay.

Tyris
 

occharge

Member
TYRIS said:
- Carl pretty much said it.... It will depend on whether the warrant is a "no bail" warrant or has a bail amount that you can pay.

Tyris

Warrant info says it's $4000.

Thank you.
 

occharge

Member
CdwJava said:
Nobody can say for sure if you WILL be arrested and have to post bail, but it is very likely. Most judges aren't going to take a chance that you are going to boogie again so they will likely remand you or force you to pony up NEW bail.

- Carl

Understandably so... I appreciate your help.

CdwJava said:
Your previous bail has probably been forfeited so you better hope that the people that lost their collateral on the bond are really, really good friends that still like you ... unless you ponied up the full amount.

Oh, they've been paid back. For sure.

Under what circumstances would I have received the money back? Also, would it have happened after my first appearance? or at the conclusion of the entire case? Thanks again.
 

CdwJava

Senior Member
occharge said:
Under what circumstances would I have received the money back? Also, would it have happened after my first appearance? or at the conclusion of the entire case? Thanks again.
If you had paid the full amount yourself, you would receive it back at the conclusion of the proceedings. If you paid for a bond, then the fee you paid to a bondsman (usually 10% of the total) would be forfeit to you as the bondsman's fee.

- Carl
 

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