warrant problem

[wolf4263]

I am from california

I am having a problem with a warrant coming out of San Bernardino County, Ca. I have just recently been released from Federal Prison on June 4th, I am on Federal Supervised Release. I was not advised of any warrants in any counties, while incarcerated I did send several 1381's to Los Angeles and Riverside Counties. For warrants that were outstanding stemming for the crimes that I was convicted of in Federal Court.

My probation officer let me know 3 weeks after I got out that I had a warrant coming out of San Bernardino and I need to clear it up. I figured that this would be easy since I have been in jail for the past 28 months. Well long story rt I was remanding into custody the day i went to court then i have benn going to court for the past 3 weeks. My first court appearance the DA offered me 16 months ( the charge is a forgery ). I of course said no, then given another date, I went yesterday and they stated that the 1381 that I filed could not be found. And they offered me an attempted charge and 8 months. I again said no and gave them all my info for my incarceration , including my 3 years of Federal supervised release, which includes 8 drugs test a month and a $24,000.00 restitution. Why wont they dismiss the case, can the do this , the crime that I went to the Feds for are the same as what they are charging me for? Please help me with any advise. I go back to court for a Pre-plea and pre-lim, they are looking for the 1381. I dont have any proof that I sent it only a copy of it (the 1381). But no certified mail. Please help.

Thank youWhat is the name of your state?

 

[garrula lingua]

Are the charges from the SAME act, on the same date ??


Tell your atty to research Kellett v Superior Court (about 1966, still good law).

You can't be prosecuted for the same offense in two different courts.

If there are differences in the elements of the crime, the San Berdoo DA may have a basis for argument.
San Berdoo DAs are tough, but they have to be - there's too much crime there.

What, exactly, were the charges from the Feds & SB ???

 

[JETX]

Why wont they dismiss the case

No one can answer that without knowing ALL the facts.

can the do this

Of course, any responsible person would require ALL the facts to answer that... but very likely they can.

the crime that I went to the Feds for are the same as what they are charging me for?

Likely NOT true. Presumably, you were convicted in federal court for a federal violation. The charge at the state court is due to your violation of a STATE law.