Peter Depew is a veteran of the United States Army, a graduate of Pepperdine University School of Law, and a former clerk to the Chief Justice of the Supreme Court of Rwanda. He enjoys all things involving the Pacific Ocean.
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
A: Yes, it is possible for police to speak with relatives at their place of employment to try and obtain the location of an individual. It is also possible to check if a person has an active arrest warrant. I recommend having an attorney call the Records Department at the Sheriff's Office in the county where the warrant most likely originated.
A: Generally a misdemeanor warrant can be recalled by an attorney without the client needing to be personally present in court. But once the warrant is recalled, a probation violation hearing will likely commence. Unfortunately, failure to report violations are difficult to beat, though certainly not impossible. You do have some major factors in your favor. If twelve years have passed with no negative contact with law enforcement, it might be possible to negotiate a no-jail outcome with terms that are less demanding that Prop 36 probation. But because this is a post-conviction probation violation that is not purely a failed drug test, the judge will have a lot of discretion on how to sentence.
A: The most bedrock piece of advice any criminal defense attorney can give is not to speak with the police. If the police attempt to contact you, it is usually a good idea to tell them that you do not wish to answer any questions or that you do not wish to answer any questions without an attorney.