QUESTION
Was I found guilty of DUI by default, since I failed to appear in court?
Asked on Jul 22nd, 2016 on DUI/DWI - California
More details to this question:
I was pulled over for DUI about 8 years ago. My case kept getting pushed back over the course of about a year. Over that time period, I moved away and missed my last court date. Eight years later, here I am. I haven't done anything to deal with it since that time and am now ready to get it resolved swiftly and smoothly. I'm having a difficult time figuring out where to begin. What sort of penalties am I up against? Is there a statute of limitations in this instance? I now live in another state and was impeded from obtaining a driver’s license. What is the best course of action from here on out? I also need help finding the right questions to ask. I am really in the dark.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You begin by hiring an attorney to represent you. If you missed your court date and did not notify your attorney (assuming you had one) of your current address, most likely a bench warrant was issued for your failing to appear in court. Hire an attorney immediately to help you get this resolved.
Answered on Aug 24th, 2016 at 6:13 PM
There is no such thing as guilty by default. You need to hire a lawyer to file a SERNA motion. But first things first. The warrant has to be recalled. A lawyer can do this without you present, so it is less risky for you.
Answered on Aug 22nd, 2016 at 6:19 PM