QUESTION
If I have a court hearing for my 2nd DUI, will they take me straight to jail at the hearing?
Asked on Jul 29th, 2012 on DUI/DWI - California
7 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It depends on the reason for the court hearing. If it is a sentencing hearing and you are sentenced to jail, the court can take you into custody immediately.
If it is an arraignment or pre-trial hearing, you should not be taken into custody, unless there are extenuating circumstances which I am not aware of.
If you have not already done so, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options. If you have an attorney, you should be discussing this with him/her.
Answered on Aug 15th, 2012 at 2:59 PM
Not if it is just an arrainment. You will not be sent to jail for the DUI until you are convicted.
Answered on Aug 15th, 2012 at 2:58 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Not unless you have a warrant for some other crime, or at least not until this case is over and you have to go to jail on it.
Answered on Aug 15th, 2012 at 2:58 PM
Depends on what the hearing is for. If it's your initial appearance/arraignment, it's unlikely they'll take you straight to jail unless there's something to make the judge believe you're a flight risk or danger to the public. That would be unusual for a DUI case. Even if you plead guilty, it's unlikely they'll haul you off to jail straight away, unless you tell the judge you want to start serving the jail time immediately. The judge will likely suggest a date for you to report to jail and your lawyer will consult with you and negotiate with the DA and/or court to pick a date to suit your schedule as best as possible.
Answered on Aug 15th, 2012 at 2:58 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Typically they would not. A hearing is used to decide some issue pre-trial. While some cases resolve after the conclusion of a hearing, even then, a defendant usually is not taken into custody short a request to begin time the same day.
Answered on Aug 15th, 2012 at 2:58 PM
Possibly. That is why your lawyer should get in touch with a bondsman.
Answered on Aug 15th, 2012 at 2:49 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Not if you have posted bail. If you are on a promise to appear, the court may or may not require you to post bail. Consult a lawyer in Sacramento.
Answered on Aug 15th, 2012 at 2:39 PM