Assault & Battery: Assult and Battery in California

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Quoting mcbonifacio26

My question involves criminal law for the state of: California

My Brother has a warrant for assult and battery in the state of california, he has never been interview. the incident happened back in 2005 i was just wondering if this will ever go away

No, it won't go away. The warrant will stay active until it has served its purpose; which is to make him appear before the court that issued the warrant. Typically the way it happens is that he gets arrested, spends the night (or weekend) in jail (depending on what time he's arrested and on what day of the week), and then he'll see the judge and it'll go from there - he may or may not be able to post bond to be released until any next phase of the criminal proceeding against him.

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or what he needs to do?

He can either wait for police to make the arrest at their convenience, or he can contact a criminal defense attorney who can help arrange for him to turn himself in and have a little more control over how things will play out.

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if he does decide to take care of this what should he expect in terms of a sentence?

No way to know. It depends on if the case goes to trial and he is convicted, or, if the prosecution offers him some sort of deal. If he's convicted, sentence will depend on a combination of what exact charges he's facing, and the jduge's discretion to some degree.

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what are his options?

He'll need an attorney to examine the warrant and then advise him.

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will it be a felony or a mis?

It depends on what exact statutes they charge him under. Could be either. Could be one or more of each.

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what will happen if he gets picked up?

He'll be taken to jail, booked, and then see the judge (first appearance).

[quote[what will happen if he gets picked up in a different state?[/quote]

If depends on if California will extradite or not (usually dependant on the level of charges).

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need help?

He needs to be working with an attorney.