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What will happen if I go to court after having a bench warrant out for second(minor) probation violation? It's been 6 months...

Irvine, CA |

Got 1st. DUI probation violation the judge told me that if I missed a payment again she would send me to jail for 10 days. 2 months later misunderstood the 21-day window to be active in my DUI Class. Thought could miss 6 classes, and first 2 appts. conflicted with work. I scheduled a court appearance on January 4th 2013 to clear things up, and flew home for Christmas in NC in the mean time. My probation got revoked (found out by email) even though I scheduled a court appearance. The court employee informed me I had a warrant out and could be arrested at the airport. I lost my job/housing after my DUI, and stayed in NC instead of flying back to be arrested with no money and no job and no way to deal with anything. 6 months later, I'm back and want to make it right. What now? Thanks

Attorney Answers 4


  1. It sounds to me as if you currently have a warrant out for your arrest. It's not clear if you have managed to re-enroll in the alcohol school or made any additional payments on the fines and fees. Given the judge's previous comment to you, it certainly sounds as if you are looking at jail time. I suggest consulting with a locally experienced DUI attorney to help minimize what you're facing. Making a payment on the fines and fees and trying to re-enroll in alcohol school might be beneficial, but you'll probably need a re-referral in order to do so. The sooner you deal with this, the better. Best of luck.

    Jasen Nielsen


  2. I agree with attorney Nielsen - jail time is a real possibility. If you still have an active warrant, you might want to retain an attorney and have that attorney arrange for you to surrender yourself on that warrant. That will allow you to have some control over when you go in and what whether or not you would go to jail.


  3. You should speak with an attorney before you do anything, if nothing else just to have them briefed on your situation if and when you are taken into custody. As has been suggested, make every effort to comply with the conditions of your charges, including having all fines and costs paid and at a minimum enrolled in the required classes. While you are more than likely looking at some time in jail, the more you can show that you have complied with the requirements, the more likely the judge will be inclined to forgive some of your transgressions. Good luck.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


  4. Depends on which OC courthouse. West is tougher than Harbor. It may be beneficial to you to have an attorney appear on your behalf without your presence. Many reputable attorneys offer a free consultation so I suggest contacting many to determine which one best suits your needs.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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