Legal Question in DUI Law in California
Back in 2007, I received my first DUI, and then before I had been convicted of that one, I got a second. Since I had not been convicted for the first yet, it is like I have 2 first offense DUI's, instead of a first and a second. Anyway, I went to all my court dates, did all my public work service, went to the MADD class, and have been without a license since then. My father had offered for me to come and live with him out of state, so I could save the money to pay my fines in full. I accepted this offer, and told the courts I would be moving from CA to PA. During this time, I also stopped making payments on my fines since I would be paying them in full anyway. I went to PA for a little over 3 years, worked my butt off for my father and was told my fines had been satisfied by him. After some time I decided to come back to CA, where I attempted to get a job. A background check was ran and I was told that I had 2 warrants. I was extremely confused, so I did some research and found out that my fines had not be paid, and that was the reason for my warrants. So now here lies my problem. I want to go into the court and turn myself in, but I don't have the $5000 to give them for my fines. I would really like to avoid jail time, considering I wont be making them any money stuck in there. Some advice from a lawyer or anyone who has been in my situation or knows about it would be greatly appreciated. What would you suggest is my best course of action? Thank you
3 Answers from Attorneys
It is possible you could go in and recall the warrants. Obviously you want to have as much money as you can. It is possible a further extension will be given to you, depending on the Judge and the Court. You could also hire a lawyer to handle this, which is usually the best course of action but not if you do not have enough funds...funds which may be better off going towards the fine.
You should be prepared to pay off the fines in full before appearing on the warrants, or anticipate being remanded into custody to serve jail time in lieu of the fines (courts generally give you about 1 day of jail for each $100.00 owed, but you would get some good time credits on the jail time). You are also going to have to do an 18-month drinking driver school in CA before you can get licensed here, unless you previously submitted a declaration of non-residency to the DMV here. You have a situation that is a bit complicated and you would be well served by having a good attorney.
For you to handle this, you must turn yourself into the court[s], with or without an attorney, and try to negotiate a plea bargain on the warrant[s] and new �Failure to Appear� charge[s], and negotiate any remaining or outstanding charges. Doing so voluntarily will result in a better outcome than you being brought in cuffs to court after arrest on the warrant. That will happen if you come in contact with law enforcement or customs anywhere in the US. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail on the warrants, and may enable you to get your probation and any unfinished programs reinstated. Since this is a misdemeanor, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Any fines could be paid by mail. Jail time, if any, would create an obvious problem requiring the defendant�s presence. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
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