My fiance is getting out of prison tomorrow. He was told that he will not be released but held for the county to come pick him up and take him for a failure to appear on a 148.9a (giving false information to a police officer) He was unaware of the case or the warrant. This has nothing to do with the case he was serving time for. Supposivly he was pulled over in 07 & gave a false id & was supposed to appear in 08. He didn't appear because he has been in custody since 2000. How can we get this dismissed the quickest and easiest way possible. What are the chances it will?

WHY would the case be dropped? A warrant means the state wants to bring a case against him, and that a judge has agreed that there is probable cause for his arrest on the charge. Only the DA can drop the case, and if the warrant is still active, and it was confirmed (which is standard procedure) then the county is planning on going ahead with the next criminal charge. They don't drop cases just because the accused has been busy serving time for a different crime.

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If he was in custody at the time of the offense and the failure to appear, then the case should be dismissed. It should be easy to prove that he was in custody and that the wrong person was charged if he has been in custody since 2000 and this supposedly happened in 2007. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

I realize what the warrant means. It is actually a bench warrant which means the judge issued it for failure to appear. The reason he failed to appear was because he was unaware of the case. Since he was in custody when it happened. The warden or counselor should have made him aware of this case in return he wasn't allowed a speedy trial. It is obivously a case of mistaken idenity. So your saying they should bring criminal charges against someone who couldn't have done the crime? That doesn't make since...