Why was my boyfriend thrown in jail when there does not appear to be a valid warrant? 4 Answers as of February 21, 2011

He went on a cruise to Mexico for a week, and when he got back to LA the police dragged him off the cruise ship and threw him in jail while only telling us it was for "a warrant." Finally when he was booked I managed to find out that his official charge was "possession of a controlled substance," but the ONLY other time he has been arrested for that offense is a year ago along with 2 counts of petty burglary and 1 count possession of paraphernalia - all of which he has been waiting to be assigned a court date for. He has since been a year clean and I am very proud of him as his life (as well as mine) had been turning around, but now this has just thrown us all into confusion and sadness. Also, LA county just transferred him to Martinez County, where they say "the warrant was issued," but still THAT MAKES NO SENSE because why would only one of the charges be issued as a warrant when 1) he has done nothing wrong further, and 2) his only previous case included all of the offenses and he was already waiting for a court date?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Apparentlythe Martinez County Court issued a warrant for some Complaint the District Attorney filed. Contact the Court Clerk or Public Defender's Office up there for more accurate information. Your boyfriend may have cases in two jurisdictions, or may have a pending case that you did not know about? Los Angeles County might have just flagged the warrant after a scan of the passenger manifest and extradited him to Martinez County, where the case was pending.
Answer Applies to: California
Replied: 2/21/2011
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Good thing he is turning his life around. Congratulate him on that.

If he was arrested for an offense, say possession of a controlled substance, released and not given a court date, the district attorney's office and the court generally send out a notice to appear at court when criminal charges are filed. The prosecution can wait 3 years after an arrest to file a criminal case (most felonies, not serious or violent felonies); any longer places the defense in a good position to move for a dismissal. The time to file is shortened to 1 year for misdemeanor cases.

A warrant issues when the defendant does not respond to the notice to appear or if a judge grants an arrest warrant request from law enforcement.

Too bad the good things your friend has done since his arrest can't undo the fact that he was arrested. A criminal case will proceed in the county where he was arrested (Martinez County). Please advise if your friend needs an advocate.
Answer Applies to: California
Replied: 2/21/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Why? Because the police and prosecutor intend to charge and try him for some crime.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. There is no magic wand to wave and make it all disappear. If you don't know how to effectively represent yourself, then hire an attorney that does, who will try to get a decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 2/21/2011
Click to View More Answers: