Legal Question in DUI Law in California

If someone has 2 bench warrants in California for DUI's from 10 years ago, will the Live Scan fingerprinting bring that up? If so will it inform the police/Superior Courts/future employer?

Asked on 8/23/13, 1:16 pm

2 Answers from Attorneys

CHAD MADDOX Law Offices of CHAD MADDOX
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It will show the convictions and/or arrests the warrants are based on, it will not show the actual warrant.

Fair chance the warrants are no longer in the system at all given their age.

Contact my office for additional guidance, I would need to ask you some simple questions to give you a more detailed answer. 714-695-1500

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Answered on 8/26/13, 10:39 am
Terry A. Nelson Nelson & Lawless
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...bring that up? Yes.

... inform police/Superior Courts/future employer?

Yes, as to the employer if they ordered the LiveScan.

As as to police, you just gave them a current address to go for arresting you.

Unfortunately, warrants are 'forever' and are maintained in the DOJ / FBI database record along with record or every arrest, every charge filed, and every conviction. That is the reason the database is maintained.

You need to 'handle' the warrants. To do so, you MUST turn yourself in to the issuing court, with or without an attorney. On misdemeanors and infractions, an attorney can appear in court without the defendant being present – which is safer and avoids immediately being taken into custody. You’ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release. You’ll try to negotiate a plea bargain on any ‘Failure to Appear’ charge or probation violation that caused the warrant. You’ll try to negotiate a plea bargain or take to trial the outstanding charge that led to the warrant. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can. With such old cases, you have a chance for a decent plea bargain I would guess.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 8/26/13, 2:02 pm

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