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D.A. filed a case against me without using my correct name

Discussion in 'Criminal Procedure, Criminal Court' started by Elyse2323, Feb 3, 2020.

  1. Elyse2323

    Elyse2323 Law Topic Starter New Member

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    Jurisdiction:
    California
    Unbeknownst to me I hit a vehicle trailer while in traffic on the freeway. I wasn't aware I hit anything (the damage was only a bent tail light on the trailer) the sheriffs dept showed up at my work shortly later to question me. I told them I didn't know I hit anything. There was a slight scratch on the plastic piece of my tire rim. Long story short I am being charged with misdemeanor hit & run. The problem is that I had been checking online for the case because I didn't know if I had a court date or not. I wasn't given one nor any citation when the cops left. They told me they would submit their report and it was up to the DA if they wanted to file charges. I would do online searches at OC courts every 3-4 weeks to see if I had a court case. No case ever showed up in my name. I figured since the damage was so small and I didn't know I hit anybody that they decided not to file the case. I had a valid drivers license, insurance & registration. I now have a bench warrant because apparently I was supposed to be in court back in March 2019. The problem arose because the D.A. filed the case under Elisa K*****y and my name is Elyse K*****y. I have never used Elisa as my name. While I was doing a case search every month under Elyse no case ever came up. If I go to court to get put on calendar for the warrant is my reasoning for not knowing about the original court date gonna be enough?
     
  2. justblue

    justblue Well-Known Member

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    Have you hired an attorney? If not, do so.
     
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  3. army judge

    army judge Super Moderator

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    It might be, or it might not be.

    You'll only know after you hire an attorney to assist you in moving the case forward.

    The misspelling of your name is a valid excuse, but I'm NOT the judge presiding over the case.
     
  4. Highwayman

    Highwayman Well-Known Member

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    Be enough for WHAT??
     
  5. Zigner

    Zigner Well-Known Member

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    To expand just a bit on what Army Judge said...it's a valid excuse for not appearing in court previously. It's NOT going to get you out of the original charge. As was mentioned above, you should speak to an attorney.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Enough for what? I'm not really sure what you're contemplating when you write about "go[ing] to court to get put on calendar."

    You absolutely need to consult with a local attorney. If you just show up at the courthouse and say, "here I am," you might find yourself being taken into custody and spending a few days in jail.
     
  7. Elyse2323

    Elyse2323 Law Topic Starter New Member

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    "Is it Enough" as in a reason to not have shown up at the original court date because I was unaware of it.

    Yes, I am going to contact an attorney.

    Thank you
     
  8. army judge

    army judge Super Moderator

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    Probably, but YMMV.

    The law does not offer a one size fits all option.

    The good news for you in CA, you won't be required to post a cash bond anymore.

    You'll probably get released simply on your signature and your promise to appear in court.
     
  9. Disabled Vet

    Disabled Vet Active Member

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    They would have mailed you the notice.... No matter the name difference it would have arrived at your address. You should get a lawyer....
     
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  10. zddoodah

    zddoodah Well-Known Member

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    The reason you didn't show up appears to be because you were not given proper notice. I concur that that is a valid excuse for not appearing in court previously (but that It won't get you out of the original charge).
     
  11. Elyse2323

    Elyse2323 Law Topic Starter New Member

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    Thank you for all the answers. I'm not trying to get out of the charge. Im trying to take care of it without going into court and getting arrested because of the warrant. The warrant is a misdemeanor with $500 bail amount.
     
  12. army judge

    army judge Super Moderator

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    A CA attorney explains "bail" in CA: How to Bail Someone Out of Jail in California

    Some bail companies in CA offer discounts to certain clients.

    For example, Bad Boys Bail Bonds charges less than 10% for clients who are:

    1=represented by attorneys,
    2=government employees,
    3=union members,
    4=members of the U.S. military, or
    5=any of the above who is a family member who will cosign for the bond.

    Contracts with bail bondsmen typically last for one year. If your case extends beyond that period, the agent will likely require you to pay a renewal premium.

    Collateral

    Many bondsmen may also demand collateral. "Collateral" is something of value that you offer the agent to assure you won't "skip town". If you do give up the "thing", the agent has the right to keep or sell your "thing" -aka- collateral.

    This varies according to the bail agent. Larger bail bond companies like Bad Boys do not require collateral on bail amounts under $100,000.
     
  13. P1776

    P1776 Member

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    Not so fast....This law has been put on hold until voters decide its fate in November 2020
     

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