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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29331
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I recently was arrested and brought to the Southwest

Customer Question

I recently was arrested and brought to the Southwest Detention Center in Murrietta, CA for a "book and release" (Booking Type : PC). My charge was MISD PC 148.5(B). ( A brief but stupid lapse in an otherwise sound mind). I was given a "Notice to appear" on or before 2/11/2016. It says my "disposition" is 002500 CITE. The officer was very nice and accommodating and explained to me that I would not need to go to court because the DA would be unlikely to file a case against me. I am very confused on this because the ticket obviously DOES say that I do. I am not able to bring anything up when I do a search with my case number (whose prefix I don't even know - "WI"). I want to make my appearance now rather than later but fear I don't have that option because it's still undecided if there is a case?? I don't know.. Pleas advise!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm ****, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The fact that you got a ticket means you DO need to go to court, as you suspected. When police issue tickets, they go into the system on a very long list of offenses that people can pay or dispute. The district attorney doesn't even see any of those tickets, in most cases, until the person appears in court to try to negotiate a lower fine or request to dispute the ticket. People who don't show up risk having a bench warrant issued for their arrest, and could be charged with failure to appear. You may want to contact that officer's superior and let them know he's issuing tickets and telling people not to show up in court, which is wrong.

As far as the ticket itself, it may just not be in the system yet. It can take a couple of weeks for them to get processed. Try calling the clerk of the local misdemeanor court in your area to see if she can find anything under your name (in case the number got entered incorrectly). Once the ticket is in the system, you should be able to appear at any time on or before 2/11 to take care of it. It's possible that you'll be able to talk to the DA into dismissing the ticket, or you can plead not guilty and request a trial. But you'll need to go to that initial court date first to avoid more charges (unless you can just pay the fine without appearing, but then you're admitting guilt).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
It's been 2 months... is that still normal? I attached a screen shot with the info if that helps any..
Expert:  Lucy, Esq. replied 1 year ago.

Two months sounds like a really long time, but since the date isn't for another month, it's not that unusual that you wouldn't see it yet. The county is processing a ton of tickets, and they're more interested in getting stuff on the system when the person has to appear in court soon.

But I'd still call and talk to the clerk of the court to make sure there isn't some mistake that can be corrected, and to see if you can go in before 2/11.