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.
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.
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.
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