Will You Be Detained on a Criminal Warrant When Entering the United States

[viktorbayern93]

My question involves criminal law for the state of: california.
Hello all, Im a U.S citizen who is currently in europe for studying purposes. I have been in europe for 6 months now. A couple of months ago I received a warrant of arrest notice for a misdemeanor case that involves the failure to appeat to court, and the bail is set at 10,000 USD. Now im thinking of going back to california to finish my studies, but Im afraid of beinf detained at the airport.. is this possible to happen? also would I be able to solve the issue from here if i got a public defender to talk to the judge and explain that I could do a work alternative and avoid jail time and bail?
I believe that I had a work alternative program that I forgot to attend for a probation violation, so would I be able to convince the judge with the help of a public defender to look into my case and take a differernt decision? I also never received a letter by mail to appear in court.

[flyingron]

Are you indigent? A public defender is not for people who are just unwilling to pay for or find private counsel. Anyhow, even if you were, getting one to do something for you before you appear is unlikely.

Hiring a lawyer to resolve this is probably your best bet. If you still have contacts for the probation department (CDCR) you might be able to work something out. However, given the fact that you failed to complete your probation and apparently absconded from the jurisdiction and failed to appear isn't going to bode well in your favor.

[adjusterjack]

Im afraid of beinf detained at the airport.. is this possible to happen?

Sure, it's "possible." No way to predict whether it happens or not.

would I be able to solve the issue from here if i got a public defender to talk to the judge

I doubt if any PD is going to give you the time of day without you actually appearing in court and qualifying for a PD.

The best thing you can do is hire an attorney in CA near where the court is to look into this for you and see what can be done before you come back to the US.

[jk]

The fact you were already on probation is a huge problem. The warrant itself is nothing compared to the fact you have obviously failed to complete your probation requirements. That is a valid basis to revoke your probation and enforce the period of incarceration the probation was designed to allow you to avoid.

The fact you are traveling out of country and attending school pretty much guarantees you will not qualify for a public defender. The qualifications for a PD are means based and the fact you can afford to travel internationally and attend school pretty much proves in itself your means exceed the limit imposed to qualify for a PD.

You already had a chance to avoid jail with the probation. You proved you are not worthy of being given the opportunity avoid jail. Now, not only have you violated your probation, you have absconded (run) which can be a seperate charge in itself.