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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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I was contacted by phone from a police officer whom said I

Customer Question

I was contacted by phone from a police officer whom said I violated a restraining order by driving by this persons houseE.I doneven know where this person lves.He did not beleive my story and issued a warrant for my arrest. Where do I go from here.Do I have to get arrested and go to jail to resolve this????
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 5 years ago.
Something is not right about this ... a police officer would not normally call you on the phone about a violation of a restraining order ... and it would be most unusual for him to tell you on the phone that a warrant had been issued for your arrest. I am very suspicious that this person who called you might not be a police officer at all.

It is not necessary for you to wait for someone to arrest you and go to jail to resolve this. You can call the Ventura County Sheriff's Department (which provides police services for the City of Moorpark on a contract basis) and ask if there is a warrant out for your arrest. If they say yes, retain counsel to arrange to surrender yourself on the warrant. The alleged offense is very minor and bail will almost certainly be reasonable. Your attorney can have bail arranged in advance so that you can surrender, be booked and bail out immediately.

I could be wrong, of course, but I'm guessing that you will be told that there is no warrant. And, if it turns out there is, you have lost nothing by calling and then making arrangements to surrender yourself.
Customer: replied 5 years ago.

I called both Simi P.D. and the sheriffs dept and they will not tell me if I have a warrant over the phone.

 

Expert:  Jim Reilly replied 5 years ago.
In that case, you may have to have an attorney check for you ... they should be willing to tell an attorney if he offers to surrender you if there is a warrant.

If there is a TRO, that means there is a court case and you may be able to determine if there is a warrant by checking with the clerk's office.

By the way, did this "police officer" who called you give his name and/or badge number or identify the department for which he works.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Yes he gave me his name and department and i confirmed he did work today with the watch commander but I left him a message anyways to call me to see if it was him. I cant believe the justice system in this country. If you dont have money to defend yourself (hire a good attorney) they will put you in the system real quick! Id say your guilty until proven innocent. Anyways thank you for your time I really appreciate it
Expert:  Jim Reilly replied 5 years ago.
You're welcome, happy to have been able to help. Good luck figuring this out.

By the way, I agree that the system all too often doesn't work fairly. If there really was a warrant issued for violating a restraining order without ever having given you a chance to explain or deny the allegation, that's poor police work.

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