Will I be remanded during my arraignment of misdemeanor DUI?

Asked 12 months ago - Piedmont, CA

I am on misdemeanor Failure to Appear court probation in another county and was arrested two months ago for misdemeanor DUI in a different county than where my misdemeanor court probation is. The DUI will likely be dropped, but in either case, will the judge remand me if I appear at my arraignment? I was cited and released for the DUI charge the same night I was arrested. Also, if I am convicted (not likely) of the DUI, will OR can the differing probation county violate that probation, and what are the odds?

Attorney answers (5)

  1. Greg Thomas Hill

    Contributor Level 20

    11

    Lawyers agree

    Answered . I do not see reason why a judge might remand you at your arraignment on the DUI, assuming you are in compliance with your probation in the other county. The judge may set a bail amount at the arraignment based on your being on probation in another county because it is on a failure to appear no less, so contact a bail bondsman and be ready to post a bond to stay out of custody.

    If you are convicted of DUI, that will most likely constitute a violation of probation, as most probation conditions include an obligation to obey all laws and committing DUI certainly violates that condition.

    Good luck. Talk to a bail bondsman just to be prepared.

  2. Aaron Scott Hill

    Contributor Level 17

    9

    Lawyers agree

    1

    Answered . What are the terms of your probation, and are you compliant with what you have to do? If the terms of the probation have been complied with you should not be in any trouble. If you have had some court dates where you did not appear you may have a warrant that will cause you to be remanded. If you can get compliant with the first court prior to appearing at the second, it may head off any trouble. I would not advise under any circumstance not appearing at your upcoming court date for the second offense.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only,... more
  3. Matthew Murillo

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Why is likely the DUI will be dropped? it's unlikely you would be remanded into custody at arraignment, but it is possible. Though not necessarily just because of the fta, could also be because you are still on probation and picked up another offense.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . The judge and DA will know about outstanding warrant. It is possible you will be remanded at your arraignment. Get an attorney to appear for you and dawdle this current matter. You really want to clear up warrant in other county.

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  5. Leon Arakelian

    Contributor Level 1

    1

    Lawyer agrees

    Answered . It all depends on the location. Generally speaking, the left hand does not know what the right is doing, meaning, the probation department will now get this on time to do anything. If they do, chances are you still will not be remanded as long as the underlying crime was not serious or violent. With that said, you are still entitled to due process and a hearng need be held to determine if you violated your probation. Mind you, the prosecutor's burden of proof is not beyond a reasonable doubt, but only a preponderance of the evidence in probation violation hearings. Good luck.

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