QUESTION
When you didn’t go to court for a DUI and have had a warrant for over a year when you are arrested how much jail time would you get?
Asked on Oct 29th, 2012 on DUI/DWI - California
11 ANSWERS
John J. Carney
You should retain an attorney and surrender on the bench warrant before they find you. It is still possible to get probation on the case as long as it was a first offense.
Answered on Nov 02nd, 2012 at 12:03 AM
Michael J. Breczinski
Well it depends on the facts of the case an what your attorney can work out if you get convicted.
Answered on Nov 01st, 2012 at 12:59 AM
Criminal Defense Attorney serving Santa Rosa, CA
at
Michael T. Lynch
Update Your Profile
Typically you are still looking at the same exposure for the charges as a year ago. While the court can impose other penalties for your FTA (Failure to Appear) usually they will not if you resolve the matter pending. For a first offense DUI your maximum exposure is six months in County Jail. While most cases resolve for much less than the maximum, in many cases with two days of jail, the maximum exposure is six months. Having said all of that, you need to consult with an attorney. The DA only has a year to prosecute you. If your failure to appear was not your fault the case might get dismissed. Seek legal counsel.
Answered on Nov 01st, 2012 at 12:57 AM
You might be able to get the charge dismissed via a Serna motion. ?Consult an attorney and provide him all the facts.
Answered on Oct 31st, 2012 at 11:54 PM
Criminal Defense Attorney serving Norwalk, CA
at
Law Offices of George Woodworth and Associates
Update Your Profile
It would be much better for you to turn yourself in before getting arrested on the warrant, as many ttimes, the Judge won't punish re failing to come to Court as scheduled, if you are ready to deal with the case now. Consult an experienced criminal defense attorney to help you plan your strategy.
Answered on Oct 31st, 2012 at 11:52 PM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
It is totally up to the judge because the issue is contempt of court.
Answered on Oct 30th, 2012 at 3:33 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
The first step is to resolve the warrant. There is no set time for any jail and it is possible that no jail may be given at all. This depends on many factors, most importantly, the issues from the actual case. You should not go in without representation to explain all issues to the Court and help work out a beneficial resolution.
Answered on Oct 30th, 2012 at 3:32 PM
Criminal Defense Attorney serving Chapel Hill, NC
at
The Law Office of Lynn Norton-Ramirez, PLLC
Update Your Profile
It depends on the circumstances of your record and the DWI. As far as posting bond, that will be necessary to avoid jail time just for the failure to appear.
Answered on Oct 30th, 2012 at 3:32 PM
Gary Moore
Stop screwing around. Call the court and find out what the bail is and when you can surrender. You will be a lot better off if you call the court and say you are sorry and ask to have the matter scheduled. You really need to have the assistance of an attorney, but you must take some action yourself.
Answered on Oct 30th, 2012 at 2:57 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Its up top the judge. Maximum jail sentence on a DUI is 2 years. You best address the issue. It is not going to go away.
Answered on Oct 30th, 2012 at 2:56 PM
If this is a first offense in California you are facing maximum of six months in custody on the DUI and there would be no additional punishment for the failure to appear unless the DA filed new charges.
Answered on Oct 30th, 2012 at 2:39 PM