I was sentenced to 2 months in jail for a DUI but never turned myself in. Will I get more time in jail because I didn't turn myself in on time? Has anyone ever done this and got twice as much jail time added?
DUI / DWI Attorney
I respectfully disagree with my colleague, though in a purely technical way. Your sentence probably included summary probation and, as a condition of your probation, you were likely ordered to do 2 months. Unless there was good cause (e.g., you were in the hospital) or it wasn't your fault (e.g., you were in custody somewhere else), you could be found in violation and, as a consequence, could be ordered to do more time. If you missed your surrender date, you should contact a criminal defense attorney to help you explain to the judge. If you can't afford one, ask the PD. As a last resort, you are better off going to court yourself before you get picked up on a warrant. If you take initiative to go to the judge yourself and explain what happened and ask for a new surrender date your chances are better than if you wait until you are hauled in.
In the future, you should take great care not to miss dates that are set by the court. The court expects people to honor their commitments and often lacks understanding when defendants do not give these deadlines the very highest priority.
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Criminal Defense Attorney
What makes you think it would only be 'twice' as much?! Unless you had a very good, and provable, reason for missing your turn in date, some Judges just might max you out on what likely would be a violation of your probation for failing to obey a court order. Contact your attorney immediately and get back on calendar before you are arrested. If no attorney, then most courts have 'walk-in' calendars available -- contact the court clerk and get scheduled. Hope it works out for you if you work to make it work.
Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.
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