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Free Case Evaluation by a Local Lawyer: Click hereThe Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
A D.U.I. by itself is fairly serious, the Failure to Appear is an additional misdemeanor charge punishable by up to six months in jail. Did you complete any of your sentence from the DUI - any of the dui alcohol education program? There are 2 ways to look at it - that you are coming forward on your own (provided you are doing that and didn't get caught when police ran your driver's license during a routine traffic stop) after 8 years shows a genuine desire to live right and address problems from your past so you can get on with your life. Some judges and some prosecutors, though, have a hard on for FTA's. They almost take it personally. Still, I think you should handle it yourself. If you want to call me for advice before you do so and during the process (IE: you go to court and get the case added on; the D.A. will mae an offer to you plead guilty and you get this sentence.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Martina Vigil | Martina A. Vigil
You can handle this matter on your own but it is risky. Since you have an 8 year old warrant, you are likely to be detained. Your best bet is to spend the $2,000 (approximately) and hire an attorney to handle this matter on your behalf.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Thomas F. Mueller | Thomas Mueller
The very fact that it is 8 years old suggests the need for a lawyer to help you. The older the case is, the more chance that the D.A. can't prove his case.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Edward J. Blum | Edward J. Blum
Yeah. But you may want to hire a lawyer to do a Serna/Doggett motion to dismiss for you.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Anthony Sessa | Anthony Sessa
No! You need a lawyer to protect you against unintended consequences, as well as possibly, reducing the charges to something less than a DUI.
Answer Applies to: California
Replied: 2/15/2012
Dennis Roberts, a P.C. | Dennis Roberts
You can't just waltz in 8 years later and think the judge won't kick your ass. If you can't afford a lawyer, get a public defender. There is probably a warrant out for you and you will probably have to surrender on it, get booked, and then get to the court.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Brian K. Wanerman | Brian K. Wanerman
Consult an attorney. Most attorneys will give an initial consultation for free. If you can't afford an attorney, go to your court day and ask for the public defender. Even before the court date, go to the public defender's office and ask to consult with an attorney.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Tracey S. Sang | Tracey Sang
You always have the option of representing yourself but it's not very wise. If you can't afford an attorney, you can apply for the Public Defender. If you make a little too much for the PD, there are generally near-indigent panels to which the court can refer you. If you retain an attorney, many excellent attorneys will take your case for $2K or less. The first thing you need to do is have any outstanding bench warrants recalled. A retained attorney can do this for you on a misdemeanor but you will need to appear personally if you are getting the PD or representing yourself. Once the warrant is recalled, the case will resume where it left off eight years ago. Remember that there is always a chance you will be remanded into custody (jail) which is another reason why having a retained attorney is an advantage (you need not appear.) Good luck.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Jeff Yeh | Jeff Yeh
Sure you can, but there is a big possibility that the Judge will take you right into custody. Consider hiring a DUI specialist, who can go to court without you to try and recall the warrant and address the underlying case.
Answer Applies to: California
Replied: 2/15/2012
Hammerschmidt Broughton Law | Mark A. Broughton
That's a mouthful. I wouldn't walk into court without a lawyer if I were you. With an 8 year old case there are some motions that can be filed to try and obtain a dismissal. But there are some foundational facts that need to be determined first to see if you qualify. If you go in by yourself unaided you won't know what to do. The DA will simply try and get you to plead, or offer you a reduced charge. You'll think that is great when the truth may be that a good lawyer can get the case dismissed. So do yourself a favor and contact a good criminal defense attorney and get the answers before you just walk in to court.
Answer Applies to: California
Replied: 2/15/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Can you. Yes. Should you? The latter is the real question and the answer is probably not. At least not without speaking to an attorney first. Could the court take you into custody? Yes, and might. Hire an attorney.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Hieu Vu | Hieu N Vu
Nobody is going to stop you from walking in and representing yourself. The main question is, what do you want to do? If you want to rescue the case then there is no issue with exception of the warrant. If you want to look for issues such as Serna (meaning the case is old) and the you are free to google the law and ask a few attorneys for free consults. 8 years is a long time. Memories will fade and officers may have transferred. I would seriously second guess the option of walking in there yourself and entering a guilty plea. Good luck!!!
Answer Applies to: California
Replied: 2/15/2012
Robert Mortland | Law Office of Robert Mortland
You could take care of thus yourself but I advise that you speak with counsel first. An attorney can help significantly with your case especially given the age of this case.
Answer Applies to: California
Replied: 2/15/2012
Attorney at Law | Dorinda Ohnstad
You can handle it yourself, although always better to have an attorney. You can request a court appointed attorney if you can't afford to hire your own. The big differences are perhaps getting charges reduced or dropped (like the FTA if charged) and negotiating the jail term. A first DUI requires a minimum of 4 days in the county jail.
Answer Applies to: California
Replied: 2/15/2012
Law Offices of Aaron T. Hicks | Aaron Hicks
You definitely need a lawyer. There is probably a warrant and the judge can take you into custody and make you post bail. You may also be able to get the case dismissed since it is so old with the help of a lawyer. Contact a local attorney in your area for a free consultation. Prices will vary depending on experience and quality.
Answer Applies to: California
Replied: 2/15/2012














