I missed my court date for a DUI, what would be the consequence? 24 Answers as of February 24, 2012

I was arrested for a DUI and failed to attend the court date given. It's been about a month and I would really like to take care of this. I was wondering what sort of consequence I'm looking at.

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LynchLaw
LynchLaw | Michael Thomas Lynch
Typically the Court would have issued a bench warrant for your arrest following your failure to appear. If you bailed out you might get in touch with your bail bondsman. Your bondsman will not doubt be very interested in helping you make your appearance and getting your bail reinstated. You could go to the court on your own and ask to be put on the "clear warrant" calendar, or you could hire an attorney to help clear your warrant. As always, it is usually best to hire an attorney to make all the arrangements for you.
Answer Applies to: California
Replied: 1/18/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The immediate consequence is a bench warrant. That subjects you to arrest at any time. We can usually get the warrant recalled and avoid any other consequences, beyond the penalty for DUI.A further consideration is your drivers license. It was probably taken by the police and your privilege is probably suspended. For more info or to retain our office, call: Tom Mueller.
Answer Applies to: California
Replied: 1/17/2011
Tomas M. Flores, Esq.
Tomas M. Flores, Esq. | Tomas M. Flores
Chances are a bench warrant for your arrest went out for "failure to appear," and if you get stopped or found, you will be put in jail. The way to fix this is to hire an attorney who can appear for you on the case, recall the warrant, enter a plea, and set the matter for a readiness conference.

If you have any questions, give me a call.
Answer Applies to: California
Replied: 1/16/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You realize, don't you, that there is an arrest warrant out for you because of your failure to comply with the court orders? For you to handle this, you must turn yourself into the court, with or without an attorney, and try to negotiate to stay out of jail on the outstanding warrant. Doing so voluntarily will result in a better outcome than you being brought in cuffs to court after arrest on the warrant. That will happen if you come in contact with law enforcement or customs anywhere in the US. Then, you will set a PreTrial date and handle the charges as they should have been originally. As a misdemeanor, your attorney can appear in court without you being present, and any plea bargain deal could be handled by notarized paperwork. If this is in SoCal courts, and you're serious about getting legal help doing so, feel free to contact me.
Answer Applies to: California
Replied: 1/16/2011
Law Office of Michael Bialys THE DUI MAN
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
At this point there is probably a warrant. It would be best to have a lawyer appear for you recall the warrant and begin to take care of the case.
Answer Applies to: California
Replied: 2/24/2012
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    It really depends upon in which County your case will be heard. If you can submit a plausible excuse for failing to appear, the chances are that the Court will recall and dismiss the warrant, release you on your own recognizance and dismiss the failure to appear charge, if one was added. An Attorney would likely have a better chance of making the foregoing happen than if you appeared on your own. The Court may require you to post bail, so if you go to Court without a lawyer, contact a bail bondsman first.
    Answer Applies to: California
    Replied: 1/15/2011
    Law Offices of Philip P. De Luca
    Law Offices of Philip P. De Luca | Philip De Luca
    Failure to Appear (FTA) on a DUI is not a very good idea. There is likely a bench warrant issued for your arrest. It is usually not an offense accepted lightly by the court, as it is an affront to the court (because it is perceived that you are not taking the judicial process and/or the underlying accusation seriously) and if you are arrested for anything ever again, it could cause an increase in your bail, or with serious offenses, no bail (because it is perceived that you may flee). Your best bet would be to get into court (with an attorney) as soon as possible, and use the most merciful excuse you can for missing your court date. Who knows, if its a good enough excuse, its possible it could be dismissed, but no guarantee. It will not affect your defenses substantively in the DUI, so don't compromise your defenses in the DUI because of the FTA. FTA could result in arrest and/or jail time, but assuming you have no prior FTAs, it is likely you will be fined; I have seen fines of $400 or more, plus penalty assessment (about 2.5x fine), so "get your check book out".
    Answer Applies to: California
    Replied: 1/15/2011
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Probably none if either you or your attorney go into court and ask that the warrant for failing to appear be recalled.
    Answer Applies to: California
    Replied: 1/15/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    You really reduce need to retain an attorney to do this. There is probably an arrest warrant out for you. An attorney can arrange to deal with this and hopefully reduce any penalties; bail; jail; that might because of you failure to appear when you were supposed to.
    Answer Applies to: California
    Replied: 1/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You have an additional charge of failure to appear and a warrant for your arrest. If you get a ticket or have any contact with the police you will be arrested and held in jail until you go to court. The best thing for you to do is go to the court and tell the bailiff you are a walk-in on a warrant.
    Answer Applies to: California
    Replied: 1/15/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    There is likely a warrant out for your arrest. The warrant must be recalled before the merits of the case can be addressed. Consider hiring a lawyer to first quash the warrant on your behalf, because if you do it yourself you would obviously have to be in court, meaning the Judge can just take you in custody right then and there.
    Answer Applies to: California
    Replied: 1/14/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    I am assuming you're not represented... Go to the Criminal Clerk and ask to "add yourself back to calendar." Pick a new court date. In court, explain the reason why you missed court (if any), apologize for missing court, and ask that the bench warrant be withdrawn and discharged.
    Answer Applies to: California
    Replied: 1/14/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    If you missed a court date, you can always appear on the warrant that is likely issued. If you missed arraignment, you probably have an arrest warrant which means the police may appear at your house to pick you up. If you missed a readiness hearing, it is probably a bench warrant in which case the police will usually arrest if they come in contact with you in traffic or another way. I would not risk it. Take the initiative, call an attorney to appear or go in yourself.
    Answer Applies to: California
    Replied: 1/14/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You might have a bench warrant out for your arrest. This is very very likely. To clear this up, you need to go to the court and put yourself on calendar to clear the bench warrant, with a good excuse as to why you missed court.
    Answer Applies to: California
    Replied: 1/14/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    You need to hire a DUI Attorney to: 1. Put your matter back on calendar, 2. Appear for you, and 3. Withdraw the warrant issued for your arrest. If you place the matter on calendar and appear in court, you might be taken into custody. This is a routine practice in my office that keeps my clients out of jail. Depending on your case, and we appear, the individual does not even have to post any additional bail. Should you have any additional questions or concerns, feel free to contact my office.
    Answer Applies to: California
    Replied: 1/14/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Most likely, the court issued a "Failure to appear" which is another violation, and not one the court takes lightly. When there is a Failure to appear, the court issues a bench warrant for your arrest. In this situation, if you get pulled over and a cop runs your license, he would see the warrant and take you into custody. This doesn't look good in the courts eyes. I would recommend addressing the issue sooner as opposed to later, and would strongly advise retaining an attorney if you haven't already. Call me if you want to discuss in further detail.
    Answer Applies to: California
    Replied: 1/14/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    If you missed your court date a bench warrant will be issued against you. In order to remedy this you or your attorney must appear in court personally and request that the warrant be recalled. Typically an attorney can take care of this without you being present in court. If you have any further questions feel free to contact my office.
    Answer Applies to: California
    Replied: 1/14/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Many times a judge will not impose additional penalties for a Failure to Appear. However that being said I would highly recommend contacting an attorney to represent you on your current DUI charge. Not only will the attorney be able to take care of the warrant issue they will be able review your DUI case and get you the best possible offer for the case. This is something that you will want to get taken care of soon as the longer you wait the worse things will get.
    Answer Applies to: California
    Replied: 1/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Go to the Clerk and ask that they set a new date in the Department you should have appeared in. Hopefully you will have a good excuse. Sometimes the judge will just let it slide put if you are in front of a real asshole (and there are far too many of this kind of judge on the bench today) they could hold you in contempt and give you a few day s in county jail (probably could be done on elec bracelet). You would be better off with an attorney or the public defender. If you are in the Oakland area call me at the number below. If you are elsewhere in the state call me as I can most likely recommend someone good wherever you live.
    Answer Applies to: California
    Replied: 1/14/2011
    The Law Office of Stacey Wolcott
    The Law Office of Stacey Wolcott | Stacey Wolcott
    Due to a failure to appear on a promise to appear, which is most likely the case in your situation. When you were arrested, normally on a DUI you are cite released and you sign a promise to appear. A court can add a charge on for a failure to appear; however, most likely at this time you have a bench warrant out for your arrest so if you are pulled over for even a minor traffic violation you can be arrested for the warrant. It is possible for you to place your self on a walk in calendar as soon as possible so that you can appear and have the warrant recalled and set your case back on the court calendar. The judge can arrest you on the warrant and if you have prior failures to appear it is possible that the judge may keep you in custody pending the resolution of the case to ensure your appearance in court. Please feel free to call my office and you can come in for a free consultation so that we can discuss your options.
    Answer Applies to: California
    Replied: 1/14/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    Possibly none with the right DUI lawyer. Depends on the court. Consult with a DUI lawyer.
    Answer Applies to: California
    Replied: 1/14/2011
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