I recently received a call from a client who lives in New York. The client told me that he was arrested on a drug felony about 8 years ago while living in Illinois. They appeared in court and eventually pleaded guilty and received probation. While the client was on probation, he moved to New York and never applied for parole after leaving Illinois. They were denied a job when a background search revealed an outstanding warrant for an Illinois probation violation. The client wanted to know what they could do to clear the job and if they could hire me to handle the job without the client having to go back to Illinois. I often get calls from people who have outstanding warrants. In fact, as I was writing this article, I received a call from a client who was told that a domestic violence warrant had been issued for him last night. The client wanted to know if there was a way to make a phone call or do anything to avoid having to turn himself in and appear in court. Unfortunately, there is no easy way to deal with a pending warrant. let me explain.
What is a warrant?
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These individuals tend to have good working relationships with prosecutors and criminal judges. This may translate to a more favorable plea deal from a prosecutor or a lighter sentence from a judge.
Arrest Warrant in Cases of DUI
A warrant is a document issued by a judge authorizing law enforcement to make an arrest, search premises, or otherwise administer justice. General warrants issued in drink driving (DUI) cases are warrants. There are two reasons warrants are issued in DUI cases.
- No Show (FTA).
After you’re arrested for driving under the influence of drugs (DUI), you typically post bail and get out of jail. At a later date, you will need to attend a court hearing to address the DUI. If you don’t show up for a court hearing, the judge will usually issue a warrant for your arrest. This is often referred to as an arrest warrant.
- Non-compliance with legal requirements.
Once you appear in court and plead not guilty or are found guilty of DUI, the judge will issue a verdict. If you then fail to comply with the sentence, the judge can issue an arrest warrant against you. Some grounds for an order may be if: you
- fail to pay the fine
- you fail to complete the education or alcohol treatment program
- fail to complete the community service
- Driving with a suspended driver’s license
Fork in the road
If you suspect you have a warrant, you have two options. You can either ignore it and hoping that not every day is the day you get caught, and suffering from the chronic stress of never knowing if you’re going to sleep in your own bed, or rest assured that you will, or you will not. have no such court order.
A visit to a local police station is an opportunity to find out if you have an outstanding arrest warrant, and your willingness to take proactive steps to resolve this issue may work in your favor if it does Case is allegations to deal with. although you may need to take some precautions about what will happen to you and your family if you end up incarcerated. Better yet, working with a bail bond officer can make things easier as they can quickly work with the police to process the warrant and secure your release (which will be the case in all but the most serious of circumstances), after which they can do the positives may take steps to pay fines, participate in legal proceedings, and otherwise clear your name or accept responsibility for your past actions.
Legal:
- See, for example, California Penal Code 804 PC.
- California Penal Code 800 PC.
- California Penal Code 801 PC.
- California Penal Code 802 PC.
- California Penal Code 799 PC.
- Serna v. Superior Court, 40 Cal.3d 239 (1985).
- people v. Martinez, 22 Cal. 4th 750 (2000).
- People vs. Hannon, 19 Cal.3d 588 (1977).