Legal Question in DUI Law in California
Arrest Warrant Overturning
I would like to know how one would go about having an arrest warrant for LA county court overturned. My husband was arrested for a DUI one month ago, and when we arrived in court his case file was unlocateable. He failed to call and inquire again at a later date, or reschedule a court time. He has been informed that the court has issued a warrant for his arrest, but being in the Army cannot serve time without being counted AWOL. How can he have the warrant lifted and explain without being arrested? What should he do? What options does he have?
2 Answers from Attorneys
Re: Arrest Warrant Overturning
Time to consult experienced counsel, and have them make appearances for him, to try to negotiate a deal and credibly explain to the court at the hearing the reason the warrant was issued in error. The warrant is easily withdrawn once defendant and counsel appear in court. The ultimate outcome is likely to be within the normal range of penalties for the DUI. Contact me if interested.
Re: Arrest Warrant Overturning
I've read Terry Nelson's response, and he's right. There's nothing to worry about with respect to the warrant being issued. It's just the incredibly rude way the court deals with the situation your husband is in - where the prosecutor fails to file the charge in time, and then they file it after the original court date. They could easily "letter cite" him to court, and many courts do, but some issue warrants right off. It can be handled by an attorney, which will be necessary to defend your husband on the rest of the case, too. If you would like to talk to me further about this, please don't hesitate to call for a free consultation. Steve Mandell 310 393 0639
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