I had a failure to appear for driving on a suspended license, so a warrant was issued.I was arrested at my house for driving on sus lic…how can they

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I had a failure to appear for driving on a suspended license, so a warrant was issued.I was arrested at my house for driving on sus lic…how can they

cite me for that after I was not even driving. I was in my home. Its also the same officer who has pulled me over three other times. And, was involved in a case I had against someone stalking me….is he retaliating against me? they drive by my house all the time and I am a normal non drug/drinking person. I just raise my kid. I have court tomorrow what should I do? Ask for a attorney?

Asked on June 23, 2009 under Criminal Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I am a lawyer in CT and practice in this area.  If you failed to appear for your court date the state may charge you with a separate offense.  In other words, the fact that you didnt show up at court is a criminal charge for which you can be arrested at you home.  As for the underlying crime of driving with a suspended license, the state has the burden of proof here.  I suggest that you hire a lawyer to deal with this.  at the court hearing, tell the judge you need 3 weeks to hire a lawyer.


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