Help I am on probation for prop 36 and recently learned I have bench warrant for F.T.A . In court for petty theft. I was never arrested for shoplifting but officer did tell me to appear in court and I was hospitalized on that day. So, now I completed my prop 36 classes I am on summary probation so, when I go to court this wk. to turn in completion document, will I be arrested for bench warrant for not appearing in court for shoplifting incident? Please help me I am soo nervous Did I violate ?
Answer
are the prop 36 case and the petty theft charge in 2 different courts? 2 different counties? how long ago was the missed court date? (how long has the warrant been out there?)
A bench warrant is an arrest warrant, so an arrest may happen if you walk in on the missed petty theft case and/or on the drug case, depending on who has jurisdiction. The warrant would have been issued by the court in the petty theft matter, however, files can be put together and calendared, depending on jurisdiction.
That would mean you are facing other "open" issues, such as a pending petty theft charge, when you go to court on the prop 36 matter. If they are in 2 different counties, that is very unlikely unless an attorney asks for and succeeds in having the cases put together.
An attorney can clear the warrant for you without your being present. If you were on probation at the time you missed the court appearance then technically, yes, not appearing in court would be a probation violation, if you signed a promise to appear.
At least the (alleged) violation wouldn't be a drug-related violation (if a violation at all) - the timing of these occurrences matters. Again, either way, an attorney that regularly practices in those courts, is your best bet. Good luck!
you can bring proof/ supply attorney with proof you were hospitalized on the court date, but you were obligated to contact the court after your release. The length of time the warrant has been out there is another factor.
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