Legal Question in Criminal Law in California
Hello, my question is that I have missed my time allowed to take my 3 month AA classes and passed my time to pay my court fees for a DUI I got 3 yrs ago. Online court states I have a warrant on me but has been removed. I don't know what to do at this point. I am a good American who just couldnt' do the hours due to work and coulnd't pay the fee due to financial issues.
What is the best thing I can do? I do no want to go to jail or have my original case back in.
HELP!
3 Answers from Attorneys
Court on line records are not always accurate. The general rule is that once a bench warrant is issued it remains active until it is taken care of by the individual named in the warrant. That is goes to court and answers the charges. The trip to court can be either voluntary or by way of an arrest on the warrant. You should either retain an attorney to go to court and set the matter on the calender, or you should go to court and get the matter set on the court calendar. The procedure for this process varies from county to county. Contact the court clerk and ask what you have to do to get your matter on calendar. You could also turn yourself in on the warrant. The police agency may just cite and release you with a court date or they may arrest you. In Santa Clara County if you turn yourself in on either Sunday evening or very early Monday they take you to jail the same day. Also when you go to court do not drive, unless you have a valid drivers license. In many courts the deputy in the court room will either go out and ticket you or will have another officer stop you and cite you for driving with a suspended license.
You and your attorney need to go to the court and appear before the judge with a request to withdraw the warrant and allow additional time for you to complete all the terms of your probation. You are going to face an upset judge, who may simply jail you for a while instead of allowing the completion. But, that is no different than if you come in contact with any law enforcement, are arrested on the warrant and taken in cuffs and shackles to see that judge. The difference is in you doing this voluntarily. You'll get a better outcome than being brought in 'involuntarily'. If serious about doing this, and if this is in SoCal courts, feel free to contact me.
You should assume that the Warrant is still active as violation of your Probation (failure to complete the class and make payments). Your best course of action would be to get to Court ASAP. I would suggest going with an attorney who can make your explanation to the Judge.