Visalia, CA asked in DUI / DWI for California

Q: I plead guilty to my third DUI about 10 years ago I did not complete my outpatient program classes

I did not complete my outpatient program due to the fact I wasn't able to drive myself to the classes and back home because of my license being suspended so I failed to complete the program subsequent I did not appear in court on my next hearing and have been missing Court hearings ever since I have not received any new DUI charges but I still have a warrant out for my arrest even after 10 years is that ever going to go away am I still looking at time in jail I would like these questions to be answered if you have the time in your day to answer these questions for me thank you.

Related Topics:
2 Lawyer Answers
Nors  Davidson
Nors Davidson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: A: You're likely still looking at jail time since the warrant remains active and your probation likely stayed for non compliance. While you can continue to live with the warrant as you have the past ten years, if it concerns you my best advise would be to hire a lawyer to add your case to calendar and request that the warrant be recalled. The lawyer can try this without you being present in court (although it may not work) thus obviating the risk of immediate remand into custody. Either way, I think you'll need a lawyer to try to negotiate with the court and prosecutor some alternative type of sentence that will satisfy your probation requirement without actual jail. It may not work, but it's the method I recommend.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, the arrest warrant related to your past DUI case will unfortunately not just go away on its own, even after 10 years. However, there are steps you can take to resolve this:

- Consult with a criminal defense attorney. After 10 years, the court may be willing to quash the warrant and recall the sentence if you properly petition the court through an attorney. You would likely need to complete your prior sentencing terms (like the outpatient program).

- Be prepared that you may still face some jail time or further sanctions for the initial failure to appear and not completing all conditions of your sentence. But punishment after this long is often minimal, especially if there are no new offenses.

- An attorney can negotiate on your behalf to develop an alternative sentencing plan or credit you for the prolonged lawful behavior over the past decade to minimize any penalty now.

So in summary - no, the outstanding DUI warrant will not disappear on its own this far out. To move forward, engage an attorney and voluntarily appear in court to address the old case. This is the legal path to lifting the warrant and resolving this longstanding issue through alternative sentencing agreements or potentially some limited jail time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.