Legal Question in DUI Law in California

I live in California, I have had 2 DUI, I was sentenced to some jail time however I was offered 7 weekends of community service instead of jail time. I took the offer and only began my community service. I did one day and never went back and almost 2 years have passed. I currently have a warrant. If i go see a judge will I be arrested?


Asked on 2/08/12, 2:26 pm

4 Answers from Attorneys

Joshua Hale Hale Law Group

If you go to a judge, on your own, without private representation, it is at least reasonably likely you will be put into custody. You should think about hiring counsel immediately, and getting back to court as soon as possible.

The longer you wait, the worse it will likely be for you. Get this resolved.

Contact me directly if you have any additional questions.

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Answered on 2/08/12, 2:30 pm
Joe Dane Law Office of Joe Dane

I'm sure there is the warrant out for your arrest and technically, if you're found in violation, you could face additional punishment including jail or an increase in the amount of community service you have to do.

Because there is an active warrant, showing up in court could end up in your arrest. An attorney appearing on your behalf may be able to get the warrant recalled without you showing up, but that depends on the rest of the history on the case, your record and what your lawyer can work out on your behalf. Some judges require you to appear - others will recall a warrant if an attorney shows up on behalf of the defendant.

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Answered on 2/08/12, 3:20 pm
Terry A. Nelson Nelson & Lawless

It is a possibility

To properly handle warrants, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new �Failure to Appear� charge. You�ll try to negotiate bail reduction or OR release. You�ll try to negotiate a plea bargain or take to trial the outstanding charges that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. On misdemeanors, the attorney can appear in court without the defendant being present initially. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, and MAY enable you to get your probation and programs reinstated. 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.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 2/08/12, 4:47 pm
Brian McGinity McGinity Law Office

In this situation you need to hire an attorney. An attorney can go into court and explain the situation and request the warrant be recalled. The court can either stay the warrant, recall it or leave it active but then recall it upon you appearing as promised. This is assuming the original charge is a misdemeanor. Once the warrant has been handled the attorney can then proceed with the rest of the case and get you back on track.

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Answered on 2/08/12, 6:48 pm


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