Legal Question in DUI Law in California

failure to appear, over a year ago on two charges

I received a dui in 2003 & one in 2004 I have yet to appear. I was affraid of going to jail. I have reached the point where I can no longer live with having to look over my shoulder all the time. I just got married and I need to clear this up. Is there any hope that I can clear this up without having to spend considerable time in jail? If I go to jail I'll lose my job, my home maybe my wife. What can I do? House arrest?


Asked on 6/07/06, 4:45 pm

3 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: failure to appear, over a year ago on two charges

You most likely have a warrant out for your arrest, but the warrant is just to get you into court. If you hired an attorney to handle the matters, you have a good chance of avoiding jail. Also, the lawyer is better able to deal with the DMV regarding the drivers license issues that must be affecting you by now. Good luck.

Read more
Answered on 6/07/06, 5:38 pm
Terry A. Nelson Nelson & Lawless

Re: failure to appear, over a year ago on two charges

Depends on your definition of 'considerable time'. I assure you that if you don't voluntarily take care of this before being arrested on the warrants and taken in cuffs to court, you WILL face at lot more time than if you do the right thing. You now potentially face 18 months max in jail on the two charges, plus whatever time or fines the court orders for the failures to appear. Plus, you face fines, penalties, alcohol programs, attorney fees, etc.

Given the new family circumstances you stated, it may be possible for a good attorney to convince the court to show some mercy on you and allow you to do only the mandatory minimum jail time from each offense on weekends. Depending on how long you were in jail at each arrest, you have already served at least 2 days for credit against the 10-12 days mandatory minimum you are now facing. That does not count any jail time and/or fines ordered because of your failure to appear on each. If you were arrested before being able to do as I suggest, I would guess you'd face at least 30 days straight -- because the judge would not be happy with you.

Please feel to contact me if interested in doing this right and minimizing the penalties you face. I am regularly in your area for court appearances, as well as the entire SoCal area. I assume the arrests were near your 92530 zip code as listed.

Read more
Answered on 6/07/06, 6:39 pm
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: failure to appear, over a year ago on two charges

Too many questions to answer by e-mail. Please contact Mike Navarro of our firm at [email protected] . Please provide a telephone number so he can contact you.

Read more
Answered on 6/07/06, 8:42 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California