Legal Question in Criminal Law in California

How many more warrants

I was convicted of a DUI in 1998 and sentenced to do a multiple offender alcohol program. The case was in 1998 and my probation doesn't even end until 2011. I have failed to complete it 8 times now and the last time the judge reinstated me he said if I failed again, I would serve 20 days in jail. Well I failed to do it again and currently have a warrant out for my arrest.

The problem is, I have a son in CA and I have recently moved out of state. My son's father, who has sole custody, won't let me see him for my once a month visit while I have a warrant. I can't afford an attorney right now so I don't know what to do.

My questions are, will the judge reinstate me in classes in my new state? Will he make me serve time? I don't know if I should bypass my visit so I can save money for an attorney or just go in front of the judge and take care of it and risk jail and not seeing my son anyway. Can the father keep him from me? Can the judge make me come back every week to CA to take this class?

Any advise will help.


Asked on 8/23/06, 7:22 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: How many more warrants

I would take the judge at his word, that you are going to do time. I am surprized he has reinstated you so many times. Most judges will only do so once, maybe twice with really great excuse. He may or may not also reinstate you, after serving some time, but you probably can not do classes out of state, so you are creating a problem for yourself by leaving CA. You only make the situation worse by ignoring the warrant. If you can't afford an attorney, you should approach the Public Defender for help.

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Answered on 8/25/06, 7:10 pm


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