What happens if you miss a DUI court date? 13 Answers as of October 17, 2010

It was a misdemeanor DUI. I was bailed out. There was one date that I missed.

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Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
If you fail to appear for a court date, a bench warrant for your arrest has been issued. So, you are subject to arrest at any time by any law enforcement officer for any reason.

Since an attorney can appear for you on a misdemeanor case (such as a DUI), I would recommend that you hire an attorney as soon as possible to recall the bench warrant and defend your case.

If you cannot hire an attorney, you should voluntarily appear in Court and ask the Court to recall the warrant. If the warrant is not too old and you are not currently on probation or parole, the Court will probably release you on your own recognizance, without bail(OR).

If the judge says that he/she wants to remand you (put you in custody), ask for a Public Defender, who can help you request an OR release.

If you would like to discuss your case in more detail, please call my office for a FREE phone consultation. That way, I can provide specific answers for your specific case.
Answer Applies to: California
Replied: 10/15/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you miss a court date, the court issues an arrest warrant for Failure to Appear.

What to do? Either turn yourself into court and deal with it like should have been done originally, or risk being taken away in cuffs if you come in contact with police anywhere. Hire an attorney now to help you turn yourself in and defend you. If he can credibly show and convince the judge it was an excusable mistake, it will minimize the penalties for the FTA and warrant, and will help you get OR or low bail, since you came in voluntarily when you did learn. Then you will get back to dealing with the charges as they should have been. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 10/15/2010
The Law Office of Sam Salhab
The Law Office of Sam Salhab | Samer Salhab
Well, you have two issues. First, your bail may have been forfeited when you missed your court date. Second, the court most likely issued a warrant for your arrest. You can take care of both of these in California by simply hiring an attorney to appear for you in court as this is only a misdemeanor charge. If you want, please call the office and set up a free consultation to speak further.
Answer Applies to: California
Replied: 10/15/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
The Court will issue a bench warrant for your arrest, and charge you with an FTA (failure to appear). The longer you wait to deal with it, the harder it will be to deal with. I would recommend to hire an attorney not only to deal with the DUI, but the FTA as well.
Answer Applies to: California
Replied: 10/14/2010
Law Offices of Ramona Hallam
Law Offices of Ramona Hallam | Ramona Hallam
If you missed your arraignment, there will be an arrest warrant and the police may come to find you.If you missed a readiness date, there will be a bench warrant and if you are stopped by the police you will be arrested. You need to either appear or have an attorney appear for you.
Answer Applies to: California
Replied: 10/14/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    You can lose your bail, have an FTA added to your case and have a bench warrant for your arrest. If you do not have an attorney I would hire one now to assist you.
    Answer Applies to: California
    Replied: 10/14/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Then there is likely a warrant out for your arrest. The next time you see the Judge, he may decide to increase the bail. Contact a lawyer immediately, because if you appear by yourself, you could be taken in right then and there. Because it is a misdemeanor, attorneys can appear without you being present to recall the warrant.
    Answer Applies to: California
    Replied: 10/14/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    A warrant gets issued for your arrest, you lose your bail, and the case just sits and waits until you are arrested or until you surrender on the warrant. The warrant lasts forever, so as long as it's issued, you'll never stop looking over your shoulder. if you get stopped for any kind of traffic ticket, you'll be taken to jail on the warrant. The sooner you take care of it, the better. I'd be happy to discuss this more fully with you if you'd like. Feel free to call me.
    Answer Applies to: California
    Replied: 10/14/2010
    The English Law Firm
    The English Law Firm | Robert English
    You could forfeit bail and you likely have a bench warrant for your arrest. You need to appear in court to recall the warrant. I would recommend getting an attorney. My office is available if you are in Southern California.
    Answer Applies to: California
    Replied: 10/14/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Go to the criminal clerk's window in the courthouse. Ask to be added back to calendar. You'll be given another court date. (Make sure you make that court date and all subsequent!!!) At the court date, your lawyer will ask that the bench warrant be recalled and discharged and will let the judge know the reason you missed court.

    I would do this as soon as possible. The worst thing to do is wait around and ignore the situation. Then, the police/sheriffs could pick you up on the bench warrant, bail could be revoked, and you could spend the remainder of your case in jail.)
    Answer Applies to: California
    Replied: 10/14/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A warrant for your arrest will be issued by the court and your bail will be forfeited.
    Answer Applies to: California
    Replied: 10/14/2010
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