my son got a warrant for 2nd degree misdemeanor pc 459bo 13 Answers as of January 11, 2011

My son has a warrant for 2nd degree misdemeanor PC 459 bo. It has been 5 years since being charged. He lives in another state. How should he deal with this? Or has it been too long to be worried about it?

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
There must exist a warrant for his arrest. He should take care of it.
Answer Applies to: California
Replied: 1/11/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
We can certainly help you, and try to make it all go away. Best to call immediately before anything else occurs.
Answer Applies to: California
Replied: 1/11/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You should hire an attorney. It may be possible that the case could be dismissed for a failure to prosecute. Eventually this will have to be dealt with.
Answer Applies to: California
Replied: 1/10/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Warrants are forever. After all this time, the prosecutor may have problems with witnesses and evidence, but they will certainly try to prosecute and convict. For you to handle this, you must turn yourself into the court, with or without an attorney, and try to negotiate a plea bargain on the outstanding charges and warrant. Doing so voluntarily will result in a better outcome than you being brought in cuffs to court after arrest on the warrant. That will happen if you come in contact with law enforcement or customs anywhere. If a felony, you must be personally present at every court hearing and appearance. If a misdemeanor, your attorney can appear in court without you being present, and any plea bargain deal could be handled by notarized paperwork. Any fines could be paid by mail. Jail time of course is yours to deal with. If this is in SoCal courts, and you're serious about getting legal help doing so, feel free to contact me.
Answer Applies to: California
Replied: 1/10/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
The warrant issued within California never goes away, that is to say, there are no statute of limitations for a valid warrant.

He should hire a private attorney to put this matter back on calendar, clear the warrant, and negotiate a deal for your son. If your son tries to fly back into California, he could be arrested either getting on or off the plane. Since your son lives in another state, negotiations can be very fruitful from a defense standpoint.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 1/10/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Your son needs to hire an attorney to address this warrant. It will not go away.
    Answer Applies to: California
    Replied: 1/10/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    You seem to be asking if the statute of limitations as run on your son's alleged offense. The standard statute for a misdemeanor in one year. However, one point to keep in mind is it is not the charge, but rather what the facts indicate he could be charged. If the facts allow for the DA to charge a misdemeanor or felony and they selected to file as a misdemeanor the statute is still calculated on the possible felony. The other point to consider is his presence outside of the state. Depending on when he left, any statute might not have run. At the point of leaving the jurisdiction the statute is tolled. If the DA is aware of his location and when he left the state they can argue the statute has not yet run.
    Answer Applies to: California
    Replied: 1/10/2011
    Law Offices of Thomas D. Nares
    Law Offices of Thomas D. Nares | Thomas D. Nares
    Your son would need to return to California to set aside the warrant and enter a pleas of not guilty. The DA will then have to make a decision as to whether they want to proceed with the case. It won't go away by itself.
    Answer Applies to: California
    Replied: 1/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    It certainly hasn't been too long, and it never will be, because your son has an active warrant out for his arrest, which will remain perpetually unless dealt with. Consider hiring a defense attorney to first recall the warrant and then deal with the case. The good thing, the case is old and witness(es) may not remember or be available to testify. But, none of these things can be addressed until the warrant is recalled. The Judge will probably not recall this kind of warrant unless your son appears.
    Answer Applies to: California
    Replied: 1/10/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Contact an attorney as soon as you can. If you cannot afford an attorney, contact the courts and determine if the warrant still exists. If it does, your son must go to court to clear up the warrant.
    Answer Applies to: California
    Replied: 1/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If they do not where he is it is not a problem.
    Answer Applies to: California
    Replied: 1/10/2011
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