Sunday, October 26, 2014

my son a bench warrant in san Diego since 07/13 deribed from pc 459 charges back in 2012 the warrant was for probation violation. He has bee...

Question

my son a bench warrant in san Diego since 07/13 deribed from pc 459 charges back in 2012 the warrant was for probation violation. He has been avoiding/laying low since....could the chance in the help him in any way. He is afraid of spending years in jail, his master plan is to lay low for 10 years.......any advice will be appreciated.

Thank you,



Answer

I don't know why he thinks 10 years is some magic number. Warrants don't expire.

Could he run long enough to make the case difficult to prosecute? Potentially, but it could backfire and just make matters worse.

He should at least sit down face to face with a good local attorney to discuss his options.



Answer

I agree with Mr. Dane. Your son needs to talk to a knowledgable criminal defense attorney. Under newly enacted Proposition 47 his sentence may be eligible for recall and resentencing as a misdemeanor.



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