Arrest, Search, Seizure, Warrant Warrent for Arrest in another state

[steviehofer]

I was picking up a friend from the airport in LA and got a ticket for my tags being out of date. I was just visiting, and never went to court. I am now trying to get a good job and it is required that we have no warrents...what do you think can/will happen?

 

[CdwJava]

You may have a warrant for your arrest ... you may also have a suspended license in California and this could eventually find its way to being reported in your state. So, you could find that when you go to renew your license you will be told there is a hold until you clear up the CA suspension.

If the ticket has gone to collections, you could have an open collections account on your credit history as well.

Yes, this could be a boondoggle for you.

- Carl

 

[Thor]

Out of State Warrants

At one time certain groups of states entered into reciprocity agreements regarding traffic offenses. You didn't say where your car was registered at the time you got the ticket. It could be that there is no reciprocity agreement if you were registered far away from CA.
A citation for expired tags normally does not require a court appearance (usually an out-of-state person is required to deposit money in the presence of the officer in a mailbox). Even if there was a court date several things have to happen for a conviction to occur. They are--
A)The officer has to appear in court.
B)If you are smart you ask to talk to the city prosecutor.
C)You cut a reduced charge with the prosecutor so they avoid a trial (threaten a trial by jury if allowed)
All that having passed you could do several things--
1) Have a friend who can check for warrants in NCIC (probably not in NCIC because it is national and CA would have to be willing to pay for extradition if you were arrested out of state.
2) Have your friend in the bankruptcy state go directly to the city that issued the citation and find someone there who can use your name and DOB to run you and see if a warrant is present. 3)3) Maybe even go to the court (probably municipal court) and check for warrants.
Take heart in that outstanding warrants for dink stuff like expired license plate tags don't sit on the system for long. They are purged within 6 to 12 months.
Finally, you could most likely send in the citation (probably a penalty assessment ticket with a dollar amount identified) and the bankruptcy state would snap up the bucks, cancel anything outstanding, you are clear to take the job. (There are websites that can check on your record for a fee--that is what new employers usually use) Go surfing. Ain't law fun? Thor

 

[raskalnikov]

"Take heart in that outstanding warrants for dink stuff like expired license plate tags don't sit on the system for long. They are purged within 6 to 12 months."

That, amongst other things, is wrong wrong wrong.

 

[CdwJava]

A citation for expired tags normally does not require a court appearance

True. They could pay the fine by mail, or pay the court fee and send in proof of correction.

(usually an out-of-state person is required to deposit money in the presence of the officer in a mailbox).

Not in California - it doesn't work that way here.

Even if there was a court date several things have to happen for a conviction to occur. They are--
A)The officer has to appear in court.
B)If you are smart you ask to talk to the city prosecutor.
C)You cut a reduced charge with the prosecutor so they avoid a trial (threaten a trial by jury if allowed)

If a warrant was issued for an FTA, while not convicted, it could result in a trip to jail until a court appearance is made and a new court date is set. If the defendant takes the matter to trial, then, yes, the officer will have to appear at court.

Most prosecutors (be they city or county) are not involved in the traffic citation process, so speaking to either may be of little avail. Plus, you really can't plead down a fix-it ticket! It's about as low level as they get!

And, no, a jury trial is NOT an available option for infractions in CA.

All that having passed you could do several things--
1) Have a friend who can check for warrants in NCIC (probably not in NCIC because it is national and CA would have to be willing to pay for extradition if you were arrested out of state.

You are correct in that the warrant (if any was issued) would not likely come up via inquiry in to NCIC. As for having a friend CHECK NCIC, that is a violation of federal law, and very likely a violation of state law, too (definitely would be in CA). There must be a legitimate reason to make inquiry into NCIC - checking on a warrant for a pal is not likely to qualify.

2) Have your friend in the bankruptcy state go directly to the city that issued the citation and find someone there who can use your name and DOB to run you and see if a warrant is present.

What's a bankruptcy got to do with anything??

3) Maybe even go to the court (probably municipal court) and check for warrants.

The Los Angeles County Superior Court should have this info (as the cite was apparently issued at the L.A. Airport).

Take heart in that outstanding warrants for dink stuff like expired license plate tags don't sit on the system for long. They are purged within 6 to 12 months.

Not in CA they are not.

Finally, you could most likely send in the citation (probably a penalty assessment ticket with a dollar amount identified) and the bankruptcy state would snap up the bucks,

Not if there is an arrest warrant, no. If it has gone to collections, it will also be a little more complicated than that.

The time to have sent in the fine or the proof of correction and the assessment has passed. Now it may still be possible, but it will take more than a simple stamp to accomplish this.

- Carl