Legal Question in DUI Law in California

​I was in a accident in 2011. My friend was driving my truck & flipped over on the freeway. He ran before calif highway patrol arrived to the scene. Witnesses stated I was not the one driving. I was transported to the hospital handcuffed & forced to give a blood test. I am not on probation parole or a 4th waiver yet because I refused to tell who was driving they said I had no rights. I was not arrested given a ticket or notice to appear in court. Recently I found out that I have a outstanding misdemeanor warrant What are my options? Thank you in advance


Asked on 7/17/14, 10:46 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

After handling cases like yours for over 27 years, and as a Former Deputy DA, I can tell you exactly what needs to be done. First thing you need to do is contact an expert in criminal defense and go over all the facts, and let the expert tell you what the game plan should be. Second, after you retain the attorney, recall the warrant. Third, fight the case..........I hope that helps....David Wallin

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Answered on 7/18/14, 12:08 am
Terry A. Nelson Nelson & Lawless

To handle [clear] a warrant, you MUST turn yourself in to the issuing court, with or without an attorney. If this was just a traffic ticker or other infraction, you can go turn yourself into the court clerk�s office and ask to be put on calendar and see the judge. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present � which is safer and avoids immediately being taken into custody. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the country. While this isn't a 'capital case', you now face potential jail and fines, so handle it right. You�ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release from any new failure to appear charges. You�ll try to negotiate a plea bargain on any �Failure to Appear� charge or probation violation that caused the warrant. You�ll try to negotiate a dismissal, plea bargain or take to trial any outstanding charge that led to the warrant. Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, and may enable you to get your probation and programs reinstated. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 7/22/14, 4:26 pm


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