Warrant for Probation Violation - I think

[nicehills123]

What is the name of your state (only U.S. law)? california


I followed what the probation court docs said. Here is where I think I messed up.
I went to the DMV after the court date, showed the lady there my docs and said it says "Complete Wet Reckless or 1st Offender DUI Program as recommended by the Department of Motor Vehicles". The Dmv gal said that they had no mention of me needing to complete a program. I said ok and left. I was thinking because it said as recommended by the DMV it was up to the DMV to decide. Three months later I went back to the DMV, asked the same question again and again they told me I didnt need to do a program. A month later In January I went in to ask what I needed to get my licenses re-instated. Got a sr22 and insurance, paid the DMV fines and such and got my license.
2 weeks ago I went to visit my parents out of state. Today (a few hours ago) my sister calls to tell me that she found an envelope out in the front yard under some leaves that had the superior court written on it. It was dated 3/09 I asked her to open it. She stated that it was a notice for a $10,000 warrant on reckless driving while wet.

I am totally confused. Is this because the court wanted me to do a offender program but the DMV did not? Or could this be because I was a couple days late on a payment last month?

Do I need to turn myself in when I can get back? Beg what money I can from family and find a lawyer? Ask for a court date myself?

Any opinions would be appreciated.

 

[dave33]

What is the name of your state (only U.S. law)? california


I followed what the probation court docs said. Here is where I think I messed up.
I went to the DMV after the court date, showed the lady there my docs and said it says "Complete Wet Reckless or 1st Offender DUI Program as recommended by the Department of Motor Vehicles". The Dmv gal said that they had no mention of me needing to complete a program. I said ok and left. I was thinking because it said as recommended by the DMV it was up to the DMV to decide. Three months later I went back to the DMV, asked the same question again and again they told me I didnt need to do a program. A month later In January I went in to ask what I needed to get my licenses re-instated. Got a sr22 and insurance, paid the DMV fines and such and got my license.
2 weeks ago I went to visit my parents out of state. Today (a few hours ago) my sister calls to tell me that she found an envelope out in the front yard under some leaves that had the superior court written on it. It was dated 3/09 I asked her to open it. She stated that it was a notice for a $10,000 warrant on reckless driving while wet.

I am totally confused. Is this because the court wanted me to do a offender program but the DMV did not? Or could this be because I was a couple days late on a payment last month?

Do I need to turn myself in when I can get back? Beg what money I can from family and find a lawyer? Ask for a court date myself?

Any opinions would be appreciated.

Call whatever attorney you used for the original charge and ask them to
check on your warrant status.

If you have a warrant you will need to turn yourself in or wait until you get
picked up on the warrant.
Getting some $ together is always a good idea in these (or any other) situations. It is truly amazing how money can alter the amount of time
you spend in jail.
As far as asking for a court date.. Whenever you show up will be your new date.

 

[nicehills123]

I didn't have an attorney. When I showed up to ask for a public defended, I had actually decided while there to get a private one. The judge asked the DA if he wanted to give me an offer. He did, I stated I had no idea if the offer was a good one because I didn't have legal council. The DA then said the offer is on the table for 5 minutes. I decided to take it and plead guilty then the gal took me aside told me to sign a paper and I left.

I'm confused about the whole turning myself in phase...well all of it really.
I've spoken to a couple lawyers and they wont tell me much unless I pay them.
So if I head to the jail at 6am-7am, turn myself in. I will probably have a video arraignment at 4pm that day. Or so I was told.

What's a video arraignment? Is that just a thing were a judge tells me how much bail is? I have heard I wont be allowed to say anything. Is this true? If so whats the point of hiring a lawyer? What value do they add?

And lets say the bail is 10k...which is what the warrant is for. I don't have 10k to pay in bail so I will just have to sit in jail anyhow right?

And even if I cough up whatever a bail bondsman would cost to get out of jail in a couple hours. Whats the point if I have to go right back to jail?

My understanding is that there is very little burden of proof on a probation violation. I don't understand what value a lawyer will give me.
I'm sure I am missing a lot in my confusion.

Clarification would be appreciated.

Thanks

 

[dave33]

I didn't have an attorney. When I showed up to ask for a public defended, I had actually decided while there to get a private one. The judge asked the DA if he wanted to give me an offer. He did, I stated I had no idea if the offer was a good one because I didn't have legal council. The DA then said the offer is on the table for 5 minutes. I decided to take it and plead guilty then the gal took me aside told me to sign a paper and I left.

I'm confused about the whole turning myself in phase...well all of it really.
I've spoken to a couple lawyers and they wont tell me much unless I pay them.
So if I head to the jail at 6am-7am, turn myself in. I will probably have a video arraignment at 4pm that day. Or so I was told.

What's a video arraignment? Is that just a thing were a judge tells me how much bail is? I have heard I wont be allowed to say anything. Is this true? If so whats the point of hiring a lawyer? What value do they add?

And lets say the bail is 10k...which is what the warrant is for. I don't have 10k to pay in bail so I will just have to sit in jail anyhow right?

And even if I cough up whatever a bail bondsman would cost to get out of jail in a couple hours. Whats the point if I have to go right back to jail?

My understanding is that there is very little burden of proof on a probation violation. I don't understand what value a lawyer will give me.
I'm sure I am missing a lot in my confusion.

Clarification would be appreciated.

Thanks

Boy oh boy.

If the arrg. are later in the day, turn yourself in after lunch.
A video arrg. is just that. A court arrg. done with you in a
jail cell and the judge in the court room. You look at and talk
to a t.v.
Yes, you will than find out your bail status.
An attorney is always a good idea.Especially when you have no
idea what is going on.

10k could be very different. Bail comes in many ways. Even people
who are released without any money still have a $ value attached.
You may have to come up with a % or nothing at all. Highly unlikely
you would need to come up with the whole 10k.

A bondsman is an expense. You pay him and whatever he charges
you do not get back.
Why would you go back?
You do not yet know if this is a violation. Even if it is, after the arrg. you
will be given another date. Not a couple of hours.

There is very little burden of proof (preponderance of evidence) in a violation.
Almost impossible to win a violation hearing.
A lawyer can work out a deal. Most of the time that is what they do.

 

[nicehills123]

Thanks for the information this is helping me understand what is going on.

I have spoken with 2 attorneys,
One of them is saying he wants to try and quash the warrant. I gather the idea is to tell the court that I am out of state looking for work and that the DMV completely confused me with telling me numerous times I did not need to take a course. And then they issued me a license which he seemed to allude that they shouldn't have. So best case on this it sounds like there is a hope, if minimal, of not having to rush back to ca and turn myself in.
Is there any chance of that happening?

The other attorney I spoke with only mentioned trying to get bail reduced. And he mentioned that I would probably be sent before a particular judge on a probation violation and that she is very harsh...but that if he represents me I wouldn't go before her because she is a family friend of his so his cases can't been judged by her.

Both were about the same cost but one mentioned it being a minimum. I have asked for clarification from the other.

I know I need legal council but I still don't have a handle on what attorney to go with. Or should I go with an attorney at all? Because it sounds like the odds of me getting the warrant revoked are slim. And I could use the money for an attorney to help pay bail? I'm not trying to be down on attorneys just don't have much in the way of funds right now. If I was working this would not be a problem as I would just throw money at it.

..."Why would you go back? " I wouldn't know, I based that on the assumption that a video arraignment would be just setting another date for a hearing or some such. I figured worst case scenario I would have to go to jail for a week or two or more. I think the max is a year or two right? That certainly sounds harsh for a wet reckless parole violation but I have never been in trouble for anything worse than a speeding ticket and have no knowledge of the legal system. Super computers sure....the legal system is Greek to me.

Or are my assumptions incorrect and I am likely to only get another fine? Or is it likely that I will be sent to jail for a couple weeks and get fined?

Thanks - The totally confused guy.