What can I do if I have a battery on a spouse warrant without my knowledge? 2 Answers as of May 21, 2017

My husband and I went through a very trying time in our lives last year. We ended up living with family and moving to another state to start our lives over. We were very stressed out and had a heated argument where I stated I was going to take our two children and move back to our home state to live with my mother. My husband panicked and called the cops after I left with my daughter. He called in regards to not wanting them to allow me to take my daughter and drive under the upset condition I was driving under. The cops came to the house and asked him a lot of questions, pointed out things on the ground and asked more questions. My husband said they asked him if I had thrown something at him, he tells me he told them he didn't remember but that he just wanted the children to stay in the current state and not leave with me. That was his main concern. I never received one phone call from a police officer, a detective, nobody. They never even came by the house again. After this argument, my husband and I settled our differences and ended up in the same house that night and still are working things out doing much better. However, we just found out that three sheriffs showed up at my in-laws house, where we had been previously staying asking for me. Panicked, I looked up my name in the database of my current county and saw a warrant for my arrest for a failure to appear for a court date for battery on a spouse. We are both in complete shock that this can even happen without us ever knowing, and without us ever receiving any type of notice whatsoever. What are my chances of getting this squashed? What are my chances of not having to do jail time? I am horrified and don't even know where to start.

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you. Just so you know, prosecutors will never drop charges just because the victim has had a change of heart/story. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are well aware of this. You need a good lawyer. A conviction will result in a lifetime gun ownership ban, a criminal record, and a 52-week long DV class that is very expensive.
Answer Applies to: California
Replied: 5/21/2017
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You should start by contacting and retaining an experienced criminal law specialist in your area to represent you in what sounds like a case that has already been filed. Then with his or her advice contact a bailbonds company in the event you are arrested before the case can be calendared by your attorney in court.
Answer Applies to: California
Replied: 5/21/2017
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