Modified - 05/30/2010 09:30am
Dealing With DUI Warrants (Veh. Code 23152)
Summary: Information on how to clear up common warrants from DUI cases such as failure to appear or probation violation. How to get bail reinstated. How to get a court date. What happens if you cannot pay your DUI fine on time.
Dealing With Warrants from DUI Cases
(Vehicle Code section 23152).
Author: Attorney Christopher Dort
Warrants from a DUI case are common and there are literally thousands of them pending in the California Superior Courts every day. On any given weekday morning, you can walk into the Los Angeles County Metropolitan Courthouse and watch 100 or more DUI warrant cases get heard and resolved.
All warrants can lead to jail time and the loss of employment or job opportunities. If you have an outstanding warrant, you should either hire an Attorney or appear in court as soon as possible.
But jail time is common if a warrant problem is solved correctly. The courts want DUI warrant cases to be cleared up efficiently. These cases are clogging up the court's calendars and jails at a time when they need to save money. Because of this, if it is done right, a DUI warrant problem can be resolved without the worst consequences.
Here are details on how to understand and solve a DUI warrant problem correctly, reduce the chances of a jail sentence and avoid problems that can prevent an expungement after probation ends.
Free Attorney Case Review for DUI Warrant Problem
There Are 2 Main Kinds of DUI Warrants:
There are 2 main kinds of warrant problems with DUI cases:
1) Warrants issued because of a missed court date; and
2) warrants issued because of a probation violation.
If a warrant was issued for a failure to appear at the Arraignment or other court date, the defendant must get the case on calendar, get the warrant recalled, and then resolve the underlying case or original charges. In general, warrants issued for a failure to appear are known as Vehicle Code section 40508a warrants.
If the warrant was issued because of a probation violation, the Defendant must get the case on calendar and ask the court to reinstate probation. In general, these are known as bench warrants.
If there was a bail bond pending with the court when the warrant was issued, the court may have "forfeited" the bond, which means the court canceled it and took the money. If there has been a bail forfeiture, then the defendant must find a way to get bail reinstated. If there is a bail bond company involved, the defendant must contact the bail bond company and ask them to agree to a bail reinstatement, if the court will allow it.
Nearly all warrants in California require an in person court appearance. In many cases, an attorney can appear for a defendant on a warrant, but not in all cases, and it varies from court to court. It's up to the judge whether or not an attorney can get a warrant recalled for a defendant without the defendant present in court.
Free Attorney Case Review for DUI Warrant Problem
Q. What Happens If A Defendant Misses a Court Date on a DUI Case?
A. It depends on the nature of the date that is missed.
Generally, if the date that is missed is the Arraignment the court will issue a bench warrant under penal code section 853.7.
If the Defendant posted bail to get released from jail, the court will also revoke the bail bond. To get the warrant recalled after a missed appearance, either the defendant or an attorney for the defendant must appear in court to request reinstatement of bail or OR release.
If a Defendant fails to appear at a date after the conviction for example the date to show proof of completion of a substance abuse program that was ordered as part of a probation, the court will generally issue an arrest warrant, and revoke probation completely.
If probation is revoked, a defendant must appear in court to get the warrant recalled, and can request reinstatement of probation. Some judges have a no tolerance policy on DUI defendants in general, and will not reinstate probation after a missed court date or deadline. However, in some courts, reinstatement is possible if a request is made correctly.
Free Attorney Case Review for DUI Warrant Problem
Q. What Happens if a Defendant Fails to Complete DUI Classes On Time?
A. In most first offense DUI cases, the penalties are routine - the court will impose a jail sentence that is suspended pending the completion of probation. Usually, completing DUI classes such as an AB548 program are included as terms of probation. If a person fails to complete the terms of probation on time, the court can issue a warrant, revoke probation, reinstate the suspended jail sentence, and charge the defendant with a separate probation violation. Because of this, a defendant who has failed to complete DUI classes on time generally must return to court for a request to reinstate probation and a new referral to the classes. Free Attorney Case Review for DUI Warrant Problem
DUI FINE PROBLEMS
Q. What Happens If A Defendant Cannot Pay a DUI Fine on Time?
A. A defendant who cannot pay a court fine on time, regardless of the case type, should appear in court to ask for more time. Often, if the defendant asks for more time before the deadline, the court will grant a request for more time or an extension to pay a fine.
But if the defendant simply does nothing and lets the deadline pass, it gets worse. Generally, the courts treat a failure to pay a DUI fine as a failure to appear in court. A warrant can be issued, and if the Defendant was on probation, probation can be revoked.
Once probation is revoked, a defendant cannot pay the fine unless the court reinstates probation, because the fine and amount of the fine are terms of probation. If the court refuses to reinstate probation after a missed payment, the court can impose a new jail sentence.
Free Attorney Case Review for DUI Warrant Problem
Q. If A Defendant Cannot Pay a DUI Fine, Should They Wait Until They Have the Money to Go to Court?
A. No. It is always better to appear in court to ask for more time to pay a fine than to wait until the deadline has passed.
HOW TO CLEAR A DUI WARRANT
Q. How Can a Defendant With a DUI Warrant Get a Court Date?
A. The procedure for getting a court date on a warrant basically comes in 2 forms. First, the police or sheriff can set a court date for a warrant, but they do it by arresting the defendant. A second option is to go to the courthouse where the case is pending, and request a court date setting on the case from the criminal division court clerk. You cannot set a court date on a warrant by sending in a letter or by calling the court.
Free Attorney Case Review for DUI Warrant Problem
Q. If I Have A Warrant in California, but Live Out of State, How Can I Take Care of It?
A. In just about all DUI warrant cases, a court appearance is mandatory. However, an out of state defendant in a misdemeanor case can hire an attorney to make the appearances for them. Although most courts will require the personal appearance by the defendant before recalling a warrant, in some cases an attorney can ask the court for an exception where the defendant cannot go to court without interstate travel. Most courts will grant the request (but not all).
Free Attorney Case Review for DUI Warrant Problem
Q. How Can An Attorney Help on a DUI Warrant?
A. In most common misdemeanor DUI cases (Vehicle code sections 21152(a) & (b)), an Attorney can appear in court for a Defendant and handle the case (penal code section 977).
If a warrant has been issued for a probation violation, or failure to appear, and Attorney can appear in court for the defendant and request that the case be scheduled for a hearing.
Once the case is back on the court's docket, the attorney can request that the warrant be recalled. Usually, the attorney makes the request by pointing out to the court that the defendant understands the warrant is a problem, and that the defendant wants to clear the warrant and take care of the case correctly.
In most cases, an Attorney can get a routine warrant recalled without the client having to appear in court. However, it varies from courtroom to courtroom, and in some courts, judges policy dictates the defendant must be present to get a DUI or probation violation warrant recalled. Some judges will take defendants into custody, even if they try to get the warrant recalled correctly.
Not all county superior courts deal with DUI warrant cases the same. In some courtrooms, such as Judge Hastings courtroom in Santa Clara County, a defendant with a DUI warrant is likely to be arrested as soon as they show up in court. In other counties, such as San DIego, the judges will recall a DUI warrant, even years old, if the defendant appears in court voluntarily and takes care of the outstanding issues. An attorney can at times help a defendant get his case into the right court to minimize the chances of the client being taken into custody during a warrant hearing.
Free Attorney Case Review for DUI Warrant Problem
Q. Can Probation Be Reinstated If it Was Revoked?
A. In misdemeanor cases, frequently the court will sentence a defendant to court probation in place of a jail sentence, which is "suspended" or paused. If the terms of probation are completed without trouble, the jail sentence is never imposed. However, if a defendant violates a term of probation, or misses a court date or deadline, the first action the court takes is to revoke probation. Once probation is revoked, the court can re sentence the defendant to the "suspended sentence" and can charge the defendant with a separate probation violation that can lead to jail time on its own.
If probation has been revoked, a defendant can request that it be reinstated on the same terms and conditions as before. Whether or not the request is granted is up to the court, but if the court grants the request, yes, probation can be reinstated. It is common for a court to reinstate misdemeanor probation terms after they have been revoked, if the violation was minor, recent, or corrected (such as a fine that was paid late).
Free Attorney Case Review for DUI Warrant Problem
DUI WARRANTS ON CRIMINAL RECORDS
Q. Do DUI Convictions and Warrants Show Up On Employment Background Checks?
A. Yes. Misdemeanor convictions and outstanding warrants will appear on a background check. From an employers perspective, an active warrant is more serious than a conviction because it means the defendant has disobeyed a court order. Warrants can be cleared from a background check by appearing in court. Convictions can be expunged if the conditions are right. DUI probation can be terminated early if the court grants a petition to terminate probation.
Free Attorney Case Review for DUI Warrant Problem
PUBLIC DEFENDER HELP ON DUI CASES
Q. Can A Defendant Get a Public Defender if They Have a Warrant?
A. Yes. IF a defendant is charged with a misdemeanor or felony, the court must appoint a defense attorney at the public's expense upon a request, if the defendant meets the financial requirements. Financial requirements vary from county court to court. Generally, a defendant must have no money, and be unemployed with no assets or access to family resources to qualify. An unwillingness to borrow money from family or friends will not work as an excuse to get a public defender.
To get a public defender on a case with a warrant, the defendant must first appear in court and request the appointment of a public defender. After the request, the court will examine the defendant about their financial situation and make a ruling as to whether or not the person should hire a private attorney.
Most public defenders are excellent attorneys, but there are limitations to their service. Although a public defender can be great help for the indigent, a defendant with a private attorney enjoys the benefits of being able to have the private attorney start on a case early, schedule the court appearances, and appear in court on the first court date with or without the defendant.
For more general info on how to get a public defender, Visit the LA County Public Defender Office
(Vehicle Code section 23152).
Author: Attorney Christopher Dort
Warrants from a DUI case are common and there are literally thousands of them pending in the California Superior Courts every day. On any given weekday morning, you can walk into the Los Angeles County Metropolitan Courthouse and watch 100 or more DUI warrant cases get heard and resolved.
All warrants can lead to jail time and the loss of employment or job opportunities. If you have an outstanding warrant, you should either hire an Attorney or appear in court as soon as possible.
But jail time is common if a warrant problem is solved correctly. The courts want DUI warrant cases to be cleared up efficiently. These cases are clogging up the court's calendars and jails at a time when they need to save money. Because of this, if it is done right, a DUI warrant problem can be resolved without the worst consequences.
Here are details on how to understand and solve a DUI warrant problem correctly, reduce the chances of a jail sentence and avoid problems that can prevent an expungement after probation ends.
Free Attorney Case Review for DUI Warrant Problem
There Are 2 Main Kinds of DUI Warrants:
There are 2 main kinds of warrant problems with DUI cases:
1) Warrants issued because of a missed court date; and
2) warrants issued because of a probation violation.
If a warrant was issued for a failure to appear at the Arraignment or other court date, the defendant must get the case on calendar, get the warrant recalled, and then resolve the underlying case or original charges. In general, warrants issued for a failure to appear are known as Vehicle Code section 40508a warrants.
If the warrant was issued because of a probation violation, the Defendant must get the case on calendar and ask the court to reinstate probation. In general, these are known as bench warrants.
If there was a bail bond pending with the court when the warrant was issued, the court may have "forfeited" the bond, which means the court canceled it and took the money. If there has been a bail forfeiture, then the defendant must find a way to get bail reinstated. If there is a bail bond company involved, the defendant must contact the bail bond company and ask them to agree to a bail reinstatement, if the court will allow it.
Nearly all warrants in California require an in person court appearance. In many cases, an attorney can appear for a defendant on a warrant, but not in all cases, and it varies from court to court. It's up to the judge whether or not an attorney can get a warrant recalled for a defendant without the defendant present in court.
Free Attorney Case Review for DUI Warrant Problem
Q. What Happens If A Defendant Misses a Court Date on a DUI Case?
A. It depends on the nature of the date that is missed.
Generally, if the date that is missed is the Arraignment the court will issue a bench warrant under penal code section 853.7.
If the Defendant posted bail to get released from jail, the court will also revoke the bail bond. To get the warrant recalled after a missed appearance, either the defendant or an attorney for the defendant must appear in court to request reinstatement of bail or OR release.
If a Defendant fails to appear at a date after the conviction for example the date to show proof of completion of a substance abuse program that was ordered as part of a probation, the court will generally issue an arrest warrant, and revoke probation completely.
If probation is revoked, a defendant must appear in court to get the warrant recalled, and can request reinstatement of probation. Some judges have a no tolerance policy on DUI defendants in general, and will not reinstate probation after a missed court date or deadline. However, in some courts, reinstatement is possible if a request is made correctly.
Free Attorney Case Review for DUI Warrant Problem
Q. What Happens if a Defendant Fails to Complete DUI Classes On Time?
A. In most first offense DUI cases, the penalties are routine - the court will impose a jail sentence that is suspended pending the completion of probation. Usually, completing DUI classes such as an AB548 program are included as terms of probation. If a person fails to complete the terms of probation on time, the court can issue a warrant, revoke probation, reinstate the suspended jail sentence, and charge the defendant with a separate probation violation. Because of this, a defendant who has failed to complete DUI classes on time generally must return to court for a request to reinstate probation and a new referral to the classes. Free Attorney Case Review for DUI Warrant Problem
DUI FINE PROBLEMS
Q. What Happens If A Defendant Cannot Pay a DUI Fine on Time?
A. A defendant who cannot pay a court fine on time, regardless of the case type, should appear in court to ask for more time. Often, if the defendant asks for more time before the deadline, the court will grant a request for more time or an extension to pay a fine.
But if the defendant simply does nothing and lets the deadline pass, it gets worse. Generally, the courts treat a failure to pay a DUI fine as a failure to appear in court. A warrant can be issued, and if the Defendant was on probation, probation can be revoked.
Once probation is revoked, a defendant cannot pay the fine unless the court reinstates probation, because the fine and amount of the fine are terms of probation. If the court refuses to reinstate probation after a missed payment, the court can impose a new jail sentence.
Free Attorney Case Review for DUI Warrant Problem
Q. If A Defendant Cannot Pay a DUI Fine, Should They Wait Until They Have the Money to Go to Court?
A. No. It is always better to appear in court to ask for more time to pay a fine than to wait until the deadline has passed.
HOW TO CLEAR A DUI WARRANT
Q. How Can a Defendant With a DUI Warrant Get a Court Date?
A. The procedure for getting a court date on a warrant basically comes in 2 forms. First, the police or sheriff can set a court date for a warrant, but they do it by arresting the defendant. A second option is to go to the courthouse where the case is pending, and request a court date setting on the case from the criminal division court clerk. You cannot set a court date on a warrant by sending in a letter or by calling the court.
Free Attorney Case Review for DUI Warrant Problem
Q. If I Have A Warrant in California, but Live Out of State, How Can I Take Care of It?
A. In just about all DUI warrant cases, a court appearance is mandatory. However, an out of state defendant in a misdemeanor case can hire an attorney to make the appearances for them. Although most courts will require the personal appearance by the defendant before recalling a warrant, in some cases an attorney can ask the court for an exception where the defendant cannot go to court without interstate travel. Most courts will grant the request (but not all).
Free Attorney Case Review for DUI Warrant Problem
Q. How Can An Attorney Help on a DUI Warrant?
A. In most common misdemeanor DUI cases (Vehicle code sections 21152(a) & (b)), an Attorney can appear in court for a Defendant and handle the case (penal code section 977).
If a warrant has been issued for a probation violation, or failure to appear, and Attorney can appear in court for the defendant and request that the case be scheduled for a hearing.
Once the case is back on the court's docket, the attorney can request that the warrant be recalled. Usually, the attorney makes the request by pointing out to the court that the defendant understands the warrant is a problem, and that the defendant wants to clear the warrant and take care of the case correctly.
In most cases, an Attorney can get a routine warrant recalled without the client having to appear in court. However, it varies from courtroom to courtroom, and in some courts, judges policy dictates the defendant must be present to get a DUI or probation violation warrant recalled. Some judges will take defendants into custody, even if they try to get the warrant recalled correctly.
Not all county superior courts deal with DUI warrant cases the same. In some courtrooms, such as Judge Hastings courtroom in Santa Clara County, a defendant with a DUI warrant is likely to be arrested as soon as they show up in court. In other counties, such as San DIego, the judges will recall a DUI warrant, even years old, if the defendant appears in court voluntarily and takes care of the outstanding issues. An attorney can at times help a defendant get his case into the right court to minimize the chances of the client being taken into custody during a warrant hearing.
Free Attorney Case Review for DUI Warrant Problem
Q. Can Probation Be Reinstated If it Was Revoked?
A. In misdemeanor cases, frequently the court will sentence a defendant to court probation in place of a jail sentence, which is "suspended" or paused. If the terms of probation are completed without trouble, the jail sentence is never imposed. However, if a defendant violates a term of probation, or misses a court date or deadline, the first action the court takes is to revoke probation. Once probation is revoked, the court can re sentence the defendant to the "suspended sentence" and can charge the defendant with a separate probation violation that can lead to jail time on its own.
If probation has been revoked, a defendant can request that it be reinstated on the same terms and conditions as before. Whether or not the request is granted is up to the court, but if the court grants the request, yes, probation can be reinstated. It is common for a court to reinstate misdemeanor probation terms after they have been revoked, if the violation was minor, recent, or corrected (such as a fine that was paid late).
Free Attorney Case Review for DUI Warrant Problem
DUI WARRANTS ON CRIMINAL RECORDS
Q. Do DUI Convictions and Warrants Show Up On Employment Background Checks?
A. Yes. Misdemeanor convictions and outstanding warrants will appear on a background check. From an employers perspective, an active warrant is more serious than a conviction because it means the defendant has disobeyed a court order. Warrants can be cleared from a background check by appearing in court. Convictions can be expunged if the conditions are right. DUI probation can be terminated early if the court grants a petition to terminate probation.
Free Attorney Case Review for DUI Warrant Problem
PUBLIC DEFENDER HELP ON DUI CASES
Q. Can A Defendant Get a Public Defender if They Have a Warrant?
A. Yes. IF a defendant is charged with a misdemeanor or felony, the court must appoint a defense attorney at the public's expense upon a request, if the defendant meets the financial requirements. Financial requirements vary from county court to court. Generally, a defendant must have no money, and be unemployed with no assets or access to family resources to qualify. An unwillingness to borrow money from family or friends will not work as an excuse to get a public defender.
To get a public defender on a case with a warrant, the defendant must first appear in court and request the appointment of a public defender. After the request, the court will examine the defendant about their financial situation and make a ruling as to whether or not the person should hire a private attorney.
Most public defenders are excellent attorneys, but there are limitations to their service. Although a public defender can be great help for the indigent, a defendant with a private attorney enjoys the benefits of being able to have the private attorney start on a case early, schedule the court appearances, and appear in court on the first court date with or without the defendant.
For more general info on how to get a public defender, Visit the LA County Public Defender Office
