QUESTION
What can happen if I don't turn myself into jail after court order?
Asked on Jul 12th, 2012 on Criminal Law - California
More details to this question:
I live in California and I have three DUI and 5 years of probation and the judge ordered me to one year into jail worst case sinario what can happen if I don't turn myself into jail?
9 ANSWERS
If you are sentenced to a year in county Jail and you do not show up a warrant will be issued for your arrest. If you are stopped by a law enforcement officer you will be held in jail until you can appear before the judge. When you appear before the judge he can sentence you to more time.
Answered on Jul 20th, 2012 at 3:56 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There will be bench warrant issued for your arrest. I'm sure that part of the terms of your probation is the 1 year jail sentence. If this is true, you will also be in violation of your probation and the judge can increase the amount of jail time.
Answered on Jul 20th, 2012 at 3:35 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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A warrant will issue and the police will either go to your home or if they can't find you, one day you will get a speeding ticket and the warrant will pop up and you will go to jail without bail and then you will get the time the judge originally ordered but now you have a new case and they will shaft you. For god sake, stop drinking. Didn't you figure that out after the second DUI. Get into a residential alcohol program then at least you can tell the judge, when they finally get you (or you surredner yourself) that you have come to grips with and are dealing with your problem. Maybe he'll feel sorry for you and JUST give you the year he gave you before and no new time.
Answered on Jul 20th, 2012 at 3:34 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It sounds like you plead to a felony DUI. That carries 16 month 2 or 3 years in prison, you may end up in prison.
Answered on Jul 20th, 2012 at 3:27 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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The maximum penalty for a 3rd DUI in California is a year in jail, so I'm confused as to why you were ordered to do a year, unless you have multiple misdemeanor probations as well. If that is the case, then the "worst case scenario" depends on how many probations you have, what the probations are for, and the amount of credit you have towards those probations. In short, assuming you have other probations, you could do more than the year you were originally ordered to do. Sounds like you need a lawyer asap.
Answered on Jul 20th, 2012 at 3:24 PM
A warrant will be issued for your arrest, and you will be facing a probation violation on top of the 1 year.
Answered on Jul 20th, 2012 at 1:56 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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A warrant would be issued for your arrest, and you would be charged with failure to appear and resentenced and that and the old charges. Bad idea not to do as ordered.
Answered on Jul 20th, 2012 at 1:50 AM
Family Law Attorney serving Alameda, CA
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The Derieg Law Firm
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If a judge sentenced you to jail and did not place you in custody at your sentencing, I am almost positive you agreed to a Cruz waiver. The significance of a Cruz waiver protects the plea agreement that was made between your attorney and the district attorney. If the judge goes outside of this agreement, you can withdraw your guilty or no contest plea. However, if you do not show up to either your sentencing or turn yourself in on time, the judge theoretically can go back and sentence you to the maximum. Now, if you are on probation for a dui, and you are being re-sentenced because of a Cruz violation, you could be sentenced to the maximum of your probation case, and the maximum of your current case.
Answered on Jul 20th, 2012 at 1:42 AM
1 Award
The failure to surrender as ordered would be a basis to revoke probation and impose judgment.
Answered on Jul 20th, 2012 at 1:40 AM