Legal Question in DUI Law in California
I have two warrants for not attending my drug and alcohol classes, which were required for my two DUI's. They have been issued since September. But i have been out of work the same amount of time, and Im barley making ends meet. No way I can possably pay my court fines and the class fees, without ending up homeless. To make matters worse I was pulled over for speeding in December, and like an idiot I got out and ran. I got away, they took my car that I was on my way to sell. Pink slip and all other paperwork inside. My mom called me yesterday and said I had mail from court at her house. I'm being charged with five misdomeanors:resisting an officer, suspended license, refusal to submit B/A, speeding and unlcensed driver. I have court on Thursday. Do i take care of warrants first, or do it all together. How likely am I to be detained for the warrants if i go to court tomorrow? Can I say I wasnt driving and that I sold the car already, just did'nt file the paperwork? The cop did'nt get good look at me. Was not drinking! I ran because of the warrants. Can they still try and give me a third DUI, for the so called refusal? If found guilty how much time am I looking at? How much am I looking at in lawyer fees? Family is willing to lend me money. But will paying a lawyer look bad on my honest excuse for not complying with my DUI classes. Very stressed out, I am the only income between my fiancee and I, she is enrolled in a 40 hour a week RN school, which is costing us $40,000. Need help, advice and a good affordable lawyer. Please get back to me asap! I know it's last minute but was just informed yesterday because the DA sent the notice to my mother house, which I have not lived in for 5 1/2 years. Thank you for your time and any help you can give me.
2 Answers from Attorneys
I don't know what area the cases are in, but I believe it's always better to retain a qualified attorney, in your area to attempt to get the best possible resolution of your matters. Call a qualified attorney in your area immediately. Most will give you a FREE consultation. Best wishes....David Wallin
Warrants are like cancer... if you ignore them, they get more expensive and difficult to fight, and your chances of a good outcome decrease as time passes.
There is a good chance you will be remanded when you go to court. For some reason, when people fail to comply with terms of probation, then run from police, most judges don't think they're responsible enough to stay out of trouble and make their future court dates.
No lawyer is going to tell you to lie and say you weren't driving the car. That is a serious ethical violation. Besides, you've already admitted you were the driver on a public website that is accessible to everyone in the world, including the prosecution.
However, the prosecution would have to prove you were the driver in order to convict you.
In addition to any jail time for the new offenses, your probation violations could get you anything up to the maximum sentence for each of your two DUI cases, minus any time you already served.
You need a lawyer for this. If you can't afford to hire one, the judge will appoint the public defender.
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