Official Arrest Warrant

[RedKnightV13]

What is the name of your state (IL)?

OK, so here's the deal. A few months ago, I was in San Diego, sitting in my van smoking marijuana when the cops showed up and busted me. They sat me down on the curb, cuffed me, and told me I was simply "detained," not arrested. They took my information down and searched the van, finding my stash which had less than 1 gram, though I accidentally said "less than an ounce" because I forgot how it's is measured. Anyway, they gave me a citation and sent me home, walking since I was still a little high. I was very honest and compliant the whole time, and they seemed to be sympathetic for it. They told me that the citation was simply a warning, that they had me on file as having been caught with marijuana before. The citation itself said nothing about going to a court hearing at any time, nor did it say I had to pay a fine. This was my first offense in my life.

For a while, I accepted that, but I was nervous about it because I was planning on moving out to Illinois soon where I couldn't do anything about the citation anyway; so I decided to stop by the station downtown to check my file and find out for sure that nothing was pending. I got to the station and had to wait in line until I could talk to the receptionist, at which point I was 2 minutes late to receive my rap sheet (or whatever). The receptionist decided, since I was only late because of the line, to look up my file for me, and she told me that I was completely clear. So, with that weight off my shoulders, I left for Illinois, where I am now.

Just short of a month later, last night, I received a warrant for my immediate arrest by fax, with bail set at $5000. I am to report to the San Diego Supreme Court at no particular date, simply "MON. THRU FRI. @ 8:30 A.M."

I just want to know, what the F**K happened and what should I do about it?

 

[DAD10]

Your state is IL-But this warrant is from San Diego CA?

 

[RedKnightV13]

Yes, I'm in Illinois now, but I was detained in San Diego.

Just edited that into my first post.

 

[DAD10]

It appears that court is the only option at this point, I would be upset as you are.

 

[RedKnightV13]

The problem is, I'm in Illinois with a full-time job. Can I hire an attorney to represent me? Will I be arrested upon appearing at the court house? They've given me so little information!

 

[justalayman]

I would hope Carl (CDWJava) responds to this thread. He would be able to address what is on a "citation" and if there is a directive to report to the courts for something. Generally speaking, a citation does demand some follow-up. It is a ticket and any ticket I am aware of requires some action be taken.

So, do you still have the citation so you can review it?

so, what does this mean:

They told me that the citation was simply a warning, that they had me on file as having been caught with marijuana before. The citation itself said nothing about going to a court hearing at any time, nor did it say I had to pay a fine. This was my first offense in my life.

first, you claim this was not an "offense" yet you even state this was your first offense. Then you state the police even told you you were on file for being caught with marijuana previously.

Are you still a little high because what you said there and what you claim simply do not jive.

 

[DAD10]

Regardless, find a way to make it to Court.
I wish you the best of Luck.

 

[CdwJava]

You were apparently given a citation. It was probably for a violation of CVC 23222(b) or for H&S 11357(b). In either event, it indicated a court date and a time. San Diego PD was not in the habit of giving written warnings at least when I was working down there so I doubt that was what you received.

A citation is a signed promise to appear in court in lieu of a custodial arrest.

Now, if you did not sign a citation, and it was indeed a written warning, then it would appear that the case was forwarded to the DA and a warrant was issued for the possession charge. As such, if you have a warrant, it will remain until you clear it up.

Where did they fax this info to? They have your fax number in Illinois??

Also, they would not have directed you to the San Diego SUPREME Court, but to the San Diego SUPERIOR Court.

I suspect you will be required to appear and post bail for a hearing date to be set. It is doubtful that an attorney can appear in your stead, but an attorney might be able to arrange a hearing date down the road. Or, since the offense is punishable by a fine only, an attorney might be able to arrange for a single court date or a method by which to resolve this through a guilty plea and the payment of the fine and associated fees.

 

[RedKnightV13]

I would hope Carl (CDWJava) responds to this thread. He would be able to address what is on a "citation" and if there is a directive to report to the courts for something. Generally speaking, a citation does demand some follow-up. It is a ticket and any ticket I am aware of requires some action be taken.

So, do you still have the citation so you can review it?

so, what does this mean:



first, you claim this was not an "offense" yet you even state this was your first offense. Then you state the police even told you you were on file for being caught with marijuana previously.

Are you still a little high because what you said there and what you claim simply do not jive.

I apparently didn't use the right words. THIS was my first "offense," with "offense" meaning run in with the police in any shape regarding my doing something against the law. This was not a conviction or arrest, but was still an "offense."

And THIS was my first time being caught smoking, and what I meant by that was that the citation was simply the police NOW having on file that I was caught, and so if they ever have to look BACK on it, they would see the citation. Sorry for the confusion, I was agitated when I typed up the post.

You will have to pardon me, I only really know vocabulary in context, rather than by literal definition.

By the way, don't use proper grammar like "do not" and then say something lax like "jive." It just doesn't sound right.

Unfortunately, after I went down to the station, I tossed out the citation. I don't know jack about laws, so I didn't think I needed it anymore.


@CdxJava
You're right. I misread. It's the Superior Court. I'll edit that in my first post.

They faxed the notice to my Mom's house in San Diego, where I lived at the time and thus where they believe I still live. She forwarded it to my place out here. Needless to say, she wasn't happy.

Again, I don't know jack about the law, so when I signed I didn't know what I was signing, but rather trusted the cops to inform me if it were some kind of contractual obligation. They didn't. Lesson learned, perhaps?

 

[justalayman]

=RedKnightV13;2499351]I apparently didn't use the right words. THIS was my first "offense," with "offense" meaning run in with the police in any shape regarding my doing something against the law. This was not a conviction or arrest, but was still an "offense."

And THIS was my first time being caught smoking, and what I meant by that was that the citation was simply the police NOW having on file that I was caught, and so if they ever have to look BACK on it, they would seen the citation. Sorry for the confusion, I was agitated when I typed up the post

.Not an issue. It just did not make sense as it was written.

By the way, don't use proper grammar like "do not" and then say something lax like "jive." It just doesn't have a congruent tone.

typo: jibe, not jive.

Unfortunately, after I went down to the station, I tossed out the citation. I don't know jack about laws, so I didn't think I needed it anymore.

sounds like a tough lesson, or at least expensive.

Again, I don't know jack about the law, so when I signed I didn't know what I was signing, but rather trusted the cops to inform me if it were some kind of contractual obligation. They didn't. Lesson learned, perhaps?

follow Carl's direction. He shoots straight.

 

[Zigner]

By the way, don't use proper grammar like "do not" and then say something lax like "jive." It just doesn't sound right.

Actually, "jive" is not a "lax" word. It has a very specific meaning, and it is not slang, by any means.

As you were told, a typo was made, so the whole thing ain't a problem, yo?

 

[CdwJava]

If you signed it, you signed a citation. That was your written promise to appear.

Yes, will need to either appear or gain the assistance of an attorney in order to minimize the number of appearances you might have to make. If you do no resolve it, this could dog you for the rest of your life in a great many ways.