I missed my court date for a DUI, what would be the consequence? - Criminal Law Questions and Answers- LawQA.com

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I missed my court date for a DUI, what would be the consequence?

I was arrested for a DUI and failed to attend the court date given. It's been about a month and I would really like to take care of this. I was wondering what sort of consequence I'm looking at.

LynchLaw
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Typically the Court would have issued a bench warrant for your arrest following your failure to appear. If you bailed out you might get in touch with your bail bondsman. Your bondsman will not doubt be very interested in helping you make your appearance and getting your bail reinstated. You could go to the court on your own and ask to be put on the "clear warrant" calendar, or you could hire an attorney to help clear your warrant. As always, it is usually best to hire an attorney to make all the arrangements for you.

Answer Applies to: California
Replied: 1/18/2011

Answer By Thomas Mueller
Law Office of Thomas F. Mueller
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The immediate consequence is a bench warrant. That subjects you to arrest at any time. We can usually get the warrant recalled and avoid any other consequences, beyond the penalty for DUI.A further consideration is your drivers license. It was probably taken by the police and your privilege is probably suspended. For more info or to retain our office, call: Tom Mueller.

Answer Applies to: California
Replied: 1/17/2011

Answer By Tomas M. Flores
Tomas M. Flores, Esq.
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Chances are a bench warrant for your arrest went out for "failure to appear," and if you get stopped or found, you will be put in jail. The way to fix this is to hire an attorney who can appear for you on the case, recall the warrant, enter a plea, and set the matter for a readiness conference.

If you have any questions, give me a call.

Answer Applies to: California
Replied: 1/16/2011

Answer By Terry Nelson
Nelson & Lawless
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You realize, don't you, that there is an arrest warrant out for you because of your failure to comply with the court orders? For you to handle this, you must turn yourself into the court, with or without an attorney, and try to negotiate to stay out of jail on the outstanding warrant. Doing so voluntarily will result in a better outcome than you being brought in cuffs to court after arrest on the warrant. That will happen if you come in contact with law enforcement or customs anywhere in the US. Then, you will set a PreTrial date and handle the charges as they should have been originally. As a misdemeanor, your attorney can appear in court without you being present, and any plea bargain deal could be handled by notarized paperwork. If this is in SoCal courts, and you're serious about getting legal help doing so, feel free to contact me.

Answer Applies to: California
Replied: 1/16/2011

Answer By Michael Bialys
Law Office of Michael Bialys THE DUI MAN
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At this point there is probably a warrant. It would be best to have a lawyer appear for you recall the warrant and begin to take care of the case.

Answer Applies to: California
Replied: 1/16/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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It really depends upon in which County your case will be heard. If you can submit a plausible excuse for failing to appear, the chances are that the Court will recall and dismiss the warrant, release you on your own recognizance and dismiss the failure to appear charge, if one was added. An Attorney would likely have a better chance of making the foregoing happen than if you appeared on your own. The Court may require you to post bail, so if you go to Court without a lawyer, contact a bail bondsman first.

Answer Applies to: California
Replied: 1/15/2011

Answer By Philip De Luca
Law Offices of Philip P. De Luca
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Failure to Appear (FTA) on a DUI is not a very good idea. There is likely a bench warrant issued for your arrest. It is usually not an offense accepted lightly by the court, as it is an affront to the court (because it is perceived that you are not taking the judicial process and/or the underlying accusation seriously) and if you are arrested for anything ever again, it could cause an increase in your bail, or with serious offenses, no bail (because it is perceived that you may flee). Your best bet would be to get into court (with an attorney) as soon as possible, and use the most merciful excuse you can for missing your court date. Who knows, if its a good enough excuse, its possible it could be dismissed, but no guarantee. It will not affect your defenses substantively in the DUI, so don't compromise your defenses in the DUI because of the FTA. FTA could result in arrest and/or jail time, but assuming you have no prior FTAs, it is likely you will be fined; I have seen fines of $400 or more, plus penalty assessment (about 2.5x fine), so "get your check book out".

Answer Applies to: California
Replied: 1/15/2011

Law Office of Geoffrey M. Yaryan
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Probably none if either you or your attorney go into court and ask that the warrant for failing to appear be recalled.

Answer Applies to: California
Replied: 1/15/2011

Law Office of Andrew Roberts
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You really reduce need to retain an attorney to do this. There is probably an arrest warrant out for you. An attorney can arrange to deal with this and hopefully reduce any penalties; bail; jail; that might because of you failure to appear when you were supposed to.

Answer Applies to: California
Replied: 1/15/2011

Law Office of Eric Sterkenburg
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You have an additional charge of failure to appear and a warrant for your arrest. If you get a ticket or have any contact with the police you will be arrested and held in jail until you go to court. The best thing for you to do is go to the court and tell the bailiff you are a walk-in on a warrant.

Answer Applies to: California
Replied: 1/15/2011

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