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missed arraignment after moving (intoxication)

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blahdu

Junior Member
I was arrested back at the end of august in San Diego, CA for intoxication of a controlled substance (cocaine + ambien). They put me in the drunk tank and I was released with a promise to appear. I then moved to Texas. Before I left, I spoke to the Public Defender's office and was told that yes, i would be able to get a lawyer to give me a continuance. I left several messages with the lawyers there, to no answer.
Yesterday I called for the final time, as it was my arraignment at 11am today. I was told that in fact no, I would have to be present to get a continuance (which makes no sense as if I could have been there I would not need to have a continuance). So I now have a bench warrant out for me in the state of california for such an insignificant offence.
My mother still lives in the state and I am eager to find some sort of happier conclusion than not returning to CA for seven years. I cannot stay in CA as I have no place to stay and I also have a stable job here. Any help would be greatly appreciated!
 


J

JETX

Senior Member
blahdu said:
My mother still lives in the state and I am eager to find some sort of happier conclusion than not returning to CA for seven years.
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HUH?? What happens in 7 years??
If you think your FTA (Failure to Appear) warrant will disappear... it won't. It will remain in the system (and you will remain subject to arrest wherever you are) until you finally appear in court... or you die.

Any help would be greatly appreciated!
Click to expand...
Help with what?? The only remedy you have is to go to California and make an appearance before the court and see what punishment they deal.
 
G

garrula lingua

Senior Member
Well, with DEJ and Prop 36, you wouldn't have had to do any jail time on the H&S11550.

The FTA, though, really ticks off Judges & you may get jail time, or have drug program refused, as that reflects you are not 'suitalbe' for rehab.

As Jet said, you have to return to CA and appear, in person.

BTW, if you had appeared in court, before the arraignment date and asked for a continuance, it would have been granted. Even better, you could have gotten the PD's office to appear at future dates for you (977 appearance), after you appeared for the arraignment.
If you don't complete a drug program in CA, that charge (H&S 11550) carries a mandatory 90 days in county jail.
 
CdwJava

CdwJava

Senior Member
blahdu said:
My mother still lives in the state and I am eager to find some sort of happier conclusion than not returning to CA for seven years.
Click to expand...
Uh ... what does 7 years have to do with anything? If a warrant has been issued, the warrant shall remain forever or until withdrawn.

Additionally, the warrant can prevent access to many good jobs, government aid, loans, SSI and other welfare, and even housing.

Good luck. And stop doing drugs.

- Carl
 
2

2901bruce

Member
blahdu said:
I was arrested back at the end of august in San Diego, CA for intoxication of a controlled substance (cocaine + ambien). They put me in the drunk tank and I was released with a promise to appear. I then moved to Texas. Before I left, I spoke to the Public Defender's office and was told that yes, i would be able to get a lawyer to give me a continuance. I left several messages with the lawyers there, to no answer.
Yesterday I called for the final time, as it was my arraignment at 11am today. I was told that in fact no, I would have to be present to get a continuance (which makes no sense as if I could have been there I would not need to have a continuance). So I now have a bench warrant out for me in the state of california for such an insignificant offence.
My mother still lives in the state and I am eager to find some sort of happier conclusion than not returning to CA for seven years. I cannot stay in CA as I have no place to stay and I also have a stable job here. Any help would be greatly appreciated!
Click to expand...
Whelp, let's see. High on Cocaine & Ambien, and this is insignificant? What did you do? Move down from Heroin ??
 
H

Heather2

Member
Interesting combination of drugs. The coke in an stimulant similar to amphetamines and the Ambien is a hypnotic sleep aid. I would think they would cancel each other out.
 
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CdwJava

CdwJava

Senior Member
Heather2 said:
Interesting combination of drugs. The coke in an stimulant similar to amphetamines and the Ambien is a hypnotic sleep aid. I would think they would cancel each other out.
Click to expand...
They would have what is called an "antagonistic" effect. Many people use combos to try and alleviate some of the effects of one drug or the other, or under the mistaken impression that they will cancel each other out. Instead, you get a combination of effects that are even more likely to do greater harm than either one alone!

- Carl
 
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