lundi 4 janvier 2016

Drug Possession: Chances of Getting Placed in Jail for a Bench Warrant During International Travel

My question involves criminal law for the state of: CA

This question is related to my son, age 19. University police (in NorCal/Bay Area, CA) came to his dorm room from the smell of marijuana, and he received a citation for possession of marijuana, which I believe is an infraction in CA. He was checking his mailbox daily, but did not receive any notice on how to pay a fine or appear in court. On Sunday, 12/27/15, he received a computerized phone call to appear in court on Mon, 12/28/15. He was back home in SoCal and called the court to try to reschedule it. They said that they could not and were now issuing a bench warrant. He was calling to figure out how to handle the bench warrant from 12/29 - 12/31 so we have lost some valuable time. He finally got me involved on 1/2/16, which of course is a weekend, so nothing can be done until 1/4/16.

The problem is that we are scheduled as a family to do an international trip from 1/7/16 - 1/12/16 to Aruba. Of course, I will do as much as I can to get any fines paid and/or post bail if need be. However, there is the big possibility that I cannot get the warrant recalled before 1/7/16.

So the question 1st is:
If son has a bench warrant issued in "NorCal", CA, and we do international travel departing from "SoCal", CA to Aruba and returning to "SoCal", CA, will he be arrested when he returns through customs and immigration? Or when he tries to depart from SoCal to Aruba? Or not at all?

The second question is:
My husband was thinking about driving with our son to NorCal courthouse to see if the can figure out what is going on and post a bail of some sort before 1/7/16. The problem is that the bench warrant has not been entered into the computer system yet as of 12/30/15. Husband was also hoping that if he waited around the court long enough, then maybe he could get our son in front of the judge for his guilty plea and fine or whatever it took to get the infraction (or misdemeanor?) cleared and the bench warrant recalled. Is this a good idea to drive to the NorCal courthouse without a court date?

Thanks!!


Drug Possession: Chances of Getting Placed in Jail for a Bench Warrant During International Travel

Aucun commentaire:

Enregistrer un commentaire