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What are the chances of me going into custody from a FTA and bench warrant for a DUI case from 2009. Warrant was issued 2011-FTA

Yucca Valley, CA |

I'm 8 months into a dui program (18 months-multiple offender), i did complete MADD. I'm worried about going to court and being booked into custody and not another chance to get the rest of the obligations finished for the court. I've been working as well the past few years and just recently got offered a very good job- the background check showed the bench warrant. I want to explain to the judge that I had a problem then, and am much of a different person now. I'm absolutely terrified, again, to go to court and lose this new job offer and the progress of what I've already completed. Any advice?

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Attorney answers 5


Your best bet is to hire an attorney that can put your case on calendar ASAP AND APPEAR 977 WITHOUT YOUR APPEARANCE BEING NECESSARY. Let your attorney appear and get the warrant recalled. If the warrant is recalled the rest of the case can and will resolve with someone trained to resolve issues, your lawyer. Many avvo contributing lawyers offer free consultations. Schedule one or two, pick the lawyer you like, trust and can afford and let them do the heavy lifting. We are trained to do that, you are not. Chances of going into custody will be greatly reduced. Good luck. Hope this helps?


YOu should consult with the lawyer who helped you in 2009, the answer to this question will rely on the facts of the case (its clear that this was at least a second offense, maybe 3rd?), what you failed to complete, the Judge and the Jurisdiction. Some Judges will listen others want to "send a message" only your lawyer knows who the players are and what they will likely do.


I'm a little confused. Are you facing two DUI's and you have three DUI's? The first one is taken care of and you are working through probation on the second, but picked up a third one?

If so, good advice is get a lawyer to appear for you to have the bench warrant lifted and quashed. The attorney can then set an arraignment date for you. At that point, I would definitely expect the court to order you to wear the Sentinel alcohol sensing anklet, but I do not think you will be remanded.


You're going to need a lawyer, and you're going to need to clear the warrant in order to move on with your life.
From the sounds of it - you're facing a 3rd DUI for the 2009 offense. Even if it happened before the ones you are currently in a program for - the DA will amend it to a 3rd offense. This is going to carry some mandatory jail time.

To unravel this knot, and get the best possible outcome for you, you're going to need a qualified local attorney who knows the players on the bench and in the prosecutor's office. Your theme of "I was different then, and I am moving forward now" is a good one, especially if it is backed up by things you can point to. No one - not you, not society - benefits by undoing your forward progress. Balanced against that is the theme of "no one should be rewarded by running away from their obligations" and you were obligated to take care of this a long time ago.

You need a good "negotiating" attorney.
Good luck


You increase your odds dramatically NOT to be put in custody if you retain an attorney.

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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