warrant for a misdemeanor

[djm89]

What is the name of your state (only U.S. law)? California

To whom it may concearn:

Greetings. I have a prescription for medical marijuana. On 8/25/08 I received a misdemeanor charge for possesion of less than an ounce of marijuana. The court date on the ticket was 9/25/08. The police officer who cited me the ticket told me that I would receive a notification in the mail, and that I could pay it through the mail. I never received such notification, and missed my court date. What legal advice would you please be able to provide me with to get this warrant and citation cleared?

Greatly appreciated,

D

 

[tranquility]

See an attorney.

I know, you can't afford one. I know, it's really easy to give such advice. However, there is no way you will fix this without one. Besides, you *have* committed a criminal act by not appearing--even though there was supposed to be a courtesy notice.

Your only other option is to turn yourself in and bail out. This may very well be more expensive than the attorney.

 

[CdwJava]

Greetings. I have a prescription for medical marijuana.

Not quite. What you have is a recommendation, not a prescription. Yes, there IS a difference.

On 8/25/08 I received a misdemeanor charge for possesion of less than an ounce of marijuana. The court date on the ticket was 9/25/08. The police officer who cited me the ticket told me that I would receive a notification in the mail, and that I could pay it through the mail. I never received such notification, and missed my court date. What legal advice would you please be able to provide me with to get this warrant and citation cleared?

As Tranquility mentioned, you will need to consult an attorney to try and work out an appearance. Your recommendation is an issue to be raised at trial as an affirmative defense. Unless you go to trial, you won't be able to raise that. However, an attorney might be able to present your recommendation to the police and/or the DA and preempt any arrest and trial issues.

- Carl