QUESTION
Will I be arrested if I am being charged with DUI and missed the first court date?
Asked on Mar 01st, 2014 on Litigation - Florida
More details to this question:
I am being charged with a DUI I missed the first court date. I called the courthouse they said I now have a warrant and gave me a new court date. I believe it's the warrant quash and the arraignment. This is my only failure to appear ever. Do you think they will arrest me and it took them over three months to charge me is there a statute on the time?
11 ANSWERS
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky for you.
Answered on Mar 04th, 2014 at 8:37 PM
Criminal Defense Attorney serving Oceanside, CA
at
Law Offices of Michael Norton
Update Your Profile
Yes you can now be arrested if there is an active warrant. If you show up to court now they probably will not arrest you in court but hopefully you have a good reason for missing the first court date. An attorney can appear on your behalf and reduce the likelihood of the Judge taking you into custody.
Answered on Mar 04th, 2014 at 4:22 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
It's unlikely that you would be taken into custody, but you need to get that warrant cleared as soon as possible. Courts are much more forgiving if you promptly rectify the situation. Since you are facing DUI charges, I would highly recommend you hire a local criminal defense lawyer.
Answered on Mar 04th, 2014 at 4:22 PM
Thomas Edward Gates
They may arrest you, but if you can get the warrant quashed at the hearing, they would not do so.
Answered on Mar 04th, 2014 at 4:22 PM
Alimony Attorney serving Klamath Falls, OR
at
EveLyn Oldenkamp
Update Your Profile
If they set a date for you to clear the warrant that usually mean as the warrant is still outstanding so you could get arrested between now and the court date. If this is your first offense, do not miss another date or you may forfeit your right to do a diversion that keeps it off you record. Statute of limitations on a misdemeanor is a year, so they are within the time limits.
Answered on Mar 04th, 2014 at 4:22 PM
James Edward Smith
You need to file a motion to quash as soon as possible.
Answered on Mar 04th, 2014 at 4:21 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
If you have an outstanding bench warrant the police may come and arrest you, it depends on whether the signing Judge authorized "night service" and there are other variables too. Some jurisdictions are too busy with other matters to go to peoples homes and arrest them for failing to appear, others make a point of going to peoples homes and arresting them.
Answered on Mar 04th, 2014 at 4:21 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
You could be. There is a warrant and if you're stopped for something, you will probably go to jail unless you can make bail.
Answered on Mar 04th, 2014 at 4:20 PM
As a matter of course if you miss a court date in a criminal case, a warrant will issue. So you would be subject to arrest. They may not actively look for you, but any tiny mistake or even just a random license plate check may trigger an arrest. These things can happen at the most inconvenient time like a Friday late afternoon before a holiday weekend. So a better course would be to contact the court about warrant quash dates and contact a bail bond agent as a backup before you go to court to quash the warrant (i.e. be prepared to deal with a bail being required for continued release).
Answered on Mar 04th, 2014 at 4:19 PM
Michael J. Breczinski
Get a lawyer. Go to court. Explain why you missed the first court date.
Answered on Mar 04th, 2014 at 4:19 PM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Depends upon the Judge. No rule on point.
Answered on Mar 04th, 2014 at 4:16 PM