Facing a $15K Warrant? Here’s What to Do First

Understanding the Impact of a Bench Warrant If you’ve discovered a bench warrant has been issued against you—especially one related to a DUI case that’s over a decade old—it can feel overwhelming. A $15k warrant isn’t just a number; it’s a legal obstacle that can block your ability to regain your driver’s license, complete court-ordered programs, and even secure employment. Here’s what you need to know and do next. Why the Warrant Was Issued Most DUI-related bench warrants are issued for: Failing to appear in court after a hearing Failing to enroll in or complete mandatory DUI classes Not paying court-ordered fines or fees Violating probation terms In many older cases, clients believed they completed their requirements—or misunderstood the final outcome. If you think your case was resolved but still face a warrant, it’s likely due to administrative non-compliance (e.g., no proof of class completion). Step 1: Don’t Ignore the Warrant Ignoring the warrant means living with the constant risk of arrest. A traffic stop or background check could lead to immediate detention. Courts are generally less forgiving when a person has made no effort to fix their legal obligations—no matter how much time has passed. Step 2: Consult a Criminal Defense Attorney An experienced criminal defense attorney can: Review your court history and DMV records Determine exactly why the warrant was issued Negotiate a surrender or bench warrant recall Advocate for reinstatement of probation or alternative sentencing In this particular case, the client had completed some jail time, misunderstood parts of the Caltrans and class requirements, and had multiple overlapping issues—making it hard to know where to begin. That’s where legal clarity is critical. Step 3: Prepare to Comply Once the warrant is addressed, you’ll still need to: Enroll in the required DUI class (typically a 6-month first offender program) Pay outstanding fines or arrange a payment plan Possibly install an ignition interlock device (IID) if required by DMV Voluntary enrollment in a DUI class before your court date can show good faith and sometimes sway the judge to be more lenient. Step 4: Budget for Resolution In the case above, the legal fee for clearing the warrant was $1,750—separate from court fines, class fees, and DMV costs. Most attorneys won’t offer a payment plan for the warrant itself because it requires immediate court action and time-sensitive legal work. Step 5: Show You’ve Turned a Corner Judges often respond better when you: Take full responsibility for past mistakes Comply with current DMV and court directives Show financial readiness to resolve fines Demonstrate that you’re working, stable, and trying to do the right thing Even a tough judge may reconsider if you come prepared and respectful, especially with counsel who understands how to present your progress. What does a $15,000 DUI warrant actually mean, and how is that amount decided? A $15,000 DUI warrant is based on the bail schedule. To reach that amount, you typically have to be on probation for a DUI and then violate the terms of your probation. That probation violation triggers the warrant and the $15,000 bail. Will I be arrested right away if I’m stopped with an active $15,000 DUI warrant? Yes—with a caveat. If you’re in the same county or a neighboring county, you’re almost certain to be arrested. For example, if you have a DUI warrant out of Orange County, Los Angeles County may arrest you, though sometimes officers there use discretion. But in Orange County itself, you can almost guarantee you’ll be taken in if you have any contact with law enforcement. Can I clear a DUI warrant without physically going to court? Yes, but not on your own. You’ll need an attorney to appear on your behalf and do the legwork to get your warrant recalled or quashed. How does hiring an attorney change the process of recalling or quashing a DUI warrant? If you hire an attorney, the goal is that you won’t have to show up in court at all. Your lawyer will appear for you, handle the hearing, and manage everything necessary to clear the warrant. How does the Fullerton Courthouse handle DUI warrants compared to other Orange County courthouses? Fullerton handles DUI warrants much like the other courthouses. You’ll be seen by a judge who deals with probation violations and post-conviction matters. But there’s a catch—you have to get to the court clerk’s window before 10:00 a.m. and ask to be placed on calendar if you want to see the judge that same day. Are there bail bond companies in Orange County that specialize in handling high bail DUI warrants? Yes. There are many bail bond companies in Orange County that handle high-bail DUI warrants, including those set at $15,000. What should I expect if my $15,000 DUI warrant is assigned to the Harbor Justice Center in Newport Beach? That depends on why you have the warrant. If it’s a technical violation (like missing a class or appointment), it may be treated differently than if it’s based on a new crime. The number of prior probation violations also plays a role. The judge at Harbor Justice Center will weigh all of that in deciding how to handle your case. Final Thoughts Clearing a DUI-related bench warrant is not impossible—even after 10 years. But it won’t go away on its own. With the right legal guidance and a proactive approach, you can finally start putting your past behind you and move toward reinstating your driving privileges. Need help clearing your warrant or navigating a DUI charge? Contact our office today for experienced, straightforward criminal defense support. Related Articles:

August 25, 2025 No Comments

Out of the Country, Still Under Attack: Defending Yourself Abroad from Criminal Charges

When you’re facing criminal charges like DUI, public intoxication, or shoplifting and you’re outside the United States—either by necessity or choice—the case doesn’t pause just because you’re not around. In fact, ignoring the court process can trigger consequences that follow you across borders and linger for years. The Court Doesn’t Wait—Even if You’re Gone Being out of the country doesn’t exempt you from your court obligations. If you’ve been charged with a misdemeanor or felony and fail to appear in court, the judge may issue a bench warrant for your arrest. This isn’t a minor issue—it signals that you’ve violated court orders and could lead to additional criminal charges for failing to appear. Travel Plans Interrupted: How Warrants Affect Re-Entry One of the most severe complications for those abroad is what happens when you return to the U.S. A warrant doesn’t just sit quietly on file—it actively flags your name at customs. Many people find out the hard way when they land and are immediately detained by immigration or law enforcement officers. That one missed court date could land you in jail as soon as your plane touches down. Warrants Don’t Expire—They Accumulate Warrants stay on your record indefinitely. That means years can pass, and the legal trouble will still be there waiting for you. Plus, during that time, your charges might escalate. The court may presume guilt simply because you failed to respond. You risk a default judgment, a suspended license, fines, or even a sentence handed down in absentia. Defending Yourself from Afar: What You Can Do If you absolutely cannot return for your court date, you must take proactive legal steps: Hire a local criminal defense attorney who can appear on your behalf. For many misdemeanor cases, an attorney can handle much or all of the case without you having to appear in person. File a motion to quash a warrant (if one has been issued), ideally before it results in an arrest. Request a remote appearance, if permitted by the court. This is becoming more common post-COVID, though not guaranteed. What types of criminal cases cannot be handled without the defendant returning to the U.S.? Many felony cases require the defendant to be physically present in the country. Domestic violence and elder abuse cases also generally require in-person appearances. Can felony charges ever be resolved without the defendant appearing in person? Usually, at least the first appearance must be made in person. California does not have a Penal Code §977(b) equivalent for out-of-state defendants, so you may need to appear a few times. For much of the case, however, your attorney may be able to appear on your behalf. How long does it take to quash a warrant if you are outside the country? A warrant can be quashed immediately if your attorney gets to the courthouse counter in time. Are there risks of extradition for U.S. criminal charges if you’re living abroad? Yes. Depending on the seriousness of the crime, you can be extradited back to the United States. Can hiring an attorney while overseas help reduce or dismiss the original charge before you come back? Yes. An attorney can appear in court on your behalf, negotiate with prosecutors, and in some cases, resolve or dismiss the charge before you return. Can an Orange County criminal defense attorney appear for me if I’m overseas and charged with a misdemeanor? Yes. Orange County defense attorneys can generally appear on your behalf for misdemeanor cases even if you are outside the country. How do Orange County courts handle remote appearances for defendants abroad? If allowed, the court treats remote appearances the same as if you were there in person. What is the process for quashing an Orange County warrant from outside the U.S.? Your attorney will appear in court on your behalf, request that the judge quash the warrant, and set future court dates to address the underlying charges. An International Absence Doesn’t Have to End in Arrest It’s tempting to assume that being overseas shields you from U.S. legal consequences. It doesn’t. If you’re dealing with charges in absentia, your best move is to stay informed, hire the right attorney, and act fast. Whether your absence is temporary or permanent, early intervention can prevent a minor legal issue from becoming a lifelong burden. Related Articles:

August 8, 2025 No Comments

Warrants

Missed Court & Old Warrants? The Serna Motion Defense Explained

If you’ve recently discovered that you have old warrants , you may be wondering what you can do. Maybe you missed court, and now there’s a warrant. Or perhaps the prosecutor sat on your case for years before doing anything. The good news? You may have a strong legal argument to get your case dismissed—and it all starts with what’s called a Serna motion defense. What Is a Serna Motion and how it affect old warrants? A Serna motion is a legal argument used in criminal defense when a case has been unreasonably delayed. It comes from the California Supreme Court case People v. Serna, which established that if the government waits too long to prosecute a case, the defendant’s right to a speedy trial has been violated. This motion is especially powerful if the delay is longer than the statute of limitations. If that happens, the law assumes the delay prejudices the defendant—meaning they are automatically at a disadvantage because of lost evidence, faded memories, and missing witnesses. How Long Is Too Long? The Statute of Limitations & Presumed Prejudice on old warrants Every crime in California has a statute of limitations, which is the maximum time prosecutors have to file charges. For most misdemeanors (like DUI, battery, or petty theft), this limit is one year from the date of the alleged offense. If the government waits longer than that to file charges or to bring the case to court, there is an automatic presumption of prejudice, meaning the delay has harmed your ability to fight your case. However, here’s the reality: Even though the law says delays beyond the statute of limitations should result in dismissal, many judges still demand proof of actual harm before granting a Serna motion. That’s why our office goes the extra mile to prove how the delay has damaged your case. Example: Old warrants Delayed for Nearly Three Years To illustrate how a Serna motion defense works, let’s look at a real-world example: The Case Timeline December 13, 2020 – The alleged incident occurs. May 27, 2021 – The court puts the case on calendar, but the defendant was unaware. June 11, 2021 – The case is sent back to the prosecutor’s office, but they do nothing. September 18, 2023 – More than two years later, the prosecutor finally files an affidavit for a warrant. What Went Wrong? The DA waited nearly three years to take action on the case. No warrant was issued earlier, meaning the defendant could have been stopped by police and not known there was an issue. This delay is twice the length of the statute of limitations for a misdemeanor, which is one year. The Legal Argument for Dismissal Statute of Limitations Violation – The case should have been filed within one year, but the DA waited two extra years. Presumption of Prejudice – Since the case was delayed past the statute of limitations, the law assumes the defendant’s ability to defend the case was harmed. Lost Evidence & Fading Memories – Witnesses can no longer recall details accurately, making the case unfair to continue. Prosecutorial Negligence – The DA had multiple chances to act but failed to do so. How a Private Investigator Strengthened the Motion To prove prejudice, we used a private investigator to locate key witnesses. When questioned, witnesses struggled to remember details about the case. Key question: Do you remember what happened on December 13, 2020?Answer: Not really, it was too long ago. The investigator then asked: Can you describe the incident in detail? Would you be able to testify under oath about what happened? Witness response: I don’t remember much, and I wouldn’t want to testify about something I barely recall. This sealed the argument—the delay had directly harmed the defendant’s ability to fight the case, making a Serna motion for dismissal even stronger. What if I knew there was a case but didn’t show up—can I still use a Serna motion if there were old warrants? Technically, yes—you can still use a Serna motion even if you knew about the court date and didn’t show up.That said, it’s not ideal. Your knowledge of the case and failure to appear can be used against you. It doesn’t kill your Serna motion, but it definitely weakens it. The stronger motions are the ones where you didn’t know and the delay wasn’t your fault. How do I find out if old warrants qualify for a Serna motion or if it’s just a regular warrant issue? The best way to know is to talk with a California criminal defense attorney who works with Serna motions regularly.As a rule of thumb:If it’s been over a year since the offense and the case is a misdemeanor, there’s a good shot.For domestic violence or certain felonies, the time window may be longer—three to five years.Every case has its own details, so don’t guess. Have a lawyer review the timeline. What kind of evidence actually proves “prejudice” from the delay? Do I need witnesses or documents? You don’t need evidence every single time, but it definitely helps.The most common way we prove prejudice is through a private investigator’s report. If the investigator talks to a witness and the witness says something like, “It’s been too long—I don’t remember,” that goes directly toward showing the delay hurt your case.That kind of evidence goes a long way when arguing for dismissal. If the court says COVID caused the delay, what arguments can I use to push back on that excuse? This is a common one—but it’s getting old.Yes, courts were backed up during COVID—but we’re now in 2025, not 2020 or 2021. At some point, the system had time to recover. Continuing to use COVID as an excuse three, four, or five years later starts to look like laziness or negligence. That’s where you can argue that the delay is no longer reasonable or fair. What happens if the Serna motion is denied—am I stuck going to trial, or are there

April 3, 2025 No Comments

Handling Old Warrants in Orange County

Warrants are typically issued when individuals fail to appear in court or violate the terms of their DUI probation. While there are various types of warrants, this article focuses on old warrants in Orange County Superior Court, specifically those tied to missed court dates or unresolved legal matters from years past. These warrants do not simply disappear and can have significant legal consequences, even if the underlying case was minimal or happened a long time ago. Understanding Old Warrants Old warrants are usually issued when someone misses a court date, fails to meet the conditions of probation, or neglects legal responsibilities such as completing a class. Once a warrant is issued, it stays in effect indefinitely. Warrants, whether for minor infractions or more serious offenses, don’t vanish over time. Even if the original charge was minor, the existence of an active warrant means you are always at risk of being arrested. The Dangers of Ignoring Old Warrants Arrest Risk: If you have an old warrant and encounter law enforcement, there’s a high chance you’ll be taken to county jail, especially if the warrant was issued in Orange County. International Travel Issues: Old warrants can lead to being detained at border crossings when entering or exiting the U.S. Job and Background Checks: Many employers conduct background checks, and an old warrant can show up, creating obstacles when applying for new jobs or promotions. Types of Warrants Warrants generally come in two forms: Arrest Warrants: Issued when law enforcement needs to take someone into custody. Bench Warrants: Typically issued when a person fails to appear in court or comply with a court order. Common Reasons for Old Warrants Probation Violations: Failure to meet the conditions of probation, such as attending mandated classes. Missed Court Dates: Skipping a court appearance can lead to a warrant being issued. New Offenses: Committing a new crime while already on probation or facing charges can result in a warrant. Legal Consequences of Old Warrants Having an old warrant can affect your legal standing in many ways: Impact on Immigration: Old warrants can complicate immigration status or lead to deportation in some cases. Employment Opportunities: Warrants appearing on background checks can result in job denials or dismissals. Travel Restrictions: Individuals with active warrants may face detention when traveling internationally. Clearing Old Warrants Addressing an old warrant in Orange County requires swift action. While the situation may seem overwhelming, having a defense attorney who knows the local courts is crucial. Here are some common steps attorneys take to clear old warrants: Case Review and Research: Your attorney will investigate the reason for the warrant and gather the necessary information about your case. Tailored Legal Strategy: A skilled attorney will develop a strategy based on the specific reasons for the warrant, whether it’s a probation violation or failure to complete court-ordered programs. For example, if a client missed a court-ordered class, the attorney might have the client complete the class before appearing in court. Court Representation: Your attorney can often appear in court on your behalf, which may help avoid immediate arrest and detention. The court may be more lenient if the client has taken steps to correct the issue before the hearing. Motion to Dismiss or Reduce the Warrant: Your attorney may file motions to dismiss the warrant or negotiate with the judge for a more favorable outcome. Orange County Specific Programs Statement of Assets Warrants: If the warrant is due to failure to submit a statement of assets, bringing the completed statement to court may help resolve the issue. MADD Classes: If the warrant is for failing to complete a Mothers Against Drunk Driving (MAD) class, it’s wise to complete the class before appearing in court. Proactive Steps to Take If you suspect there’s an old warrant for your arrest, it’s critical to act proactively: Check for Warrants: Use local court websites or the Orange County Sheriff’s Department warrant checker. Consult an Attorney: An experienced defense attorney can help you navigate the warrant process, whether you are in or out of state. How Our Office Can Help Our office has handled numerous cases involving old warrants in Orange County. We assist clients by: Looking Up Warrants: We can quickly check to see if there is an active warrant in your name. Court Representation: Our attorneys frequently appear in court on behalf of clients with old warrants, helping to minimize the risk of immediate arrest. Tailoring Legal Solutions: We develop personalized strategies based on the circumstances of the warrant, whether it’s for missed court appearances, probation violations, or other issues. What actions or inactions typically lead to the issuance of an old warrant? The most common reasons for an old warrant being issued include failing to appear for a court date or not complying with probation terms. This can happen when someone forgets to attend required classes, fails to submit proof of completion, or neglects to provide necessary enrollment documentation. When these obligations are not met, the court issues a warrant, which can remain in the system for years if left unaddressed. What are the consequences of having an outstanding warrant? The consequences of an outstanding warrant can be serious. A warrant is an active legal order for law enforcement to take you into custody. This means that if you are stopped while driving or even at an airport, you could be arrested. While an old warrant may not affect your daily life, any interaction with law enforcement can result in immediate detention. Additionally, a warrant can appear on background checks, potentially affecting employment opportunities. If you have a warrant, you may also face difficulties obtaining a passport, which can impact your ability to travel. How can I check if I have an outstanding warrant? If you suspect you have a warrant, the first step is to check the court’s website for a name search. In Orange County, you may also be able to use the Orange County Sheriff’s Warrant Lookup Service. Another option is to run a

September 19, 2024 No Comments

Orange County Bench Warrant Attorney: How to Clear a Warrant

Orange County Bench Warrants • Failure to Appear Have a Bench Warrant? Find Out What Happened Before It Finds You. A missed court date can turn an old ticket or criminal case into an active bench warrant. Sometimes the person knows exactly what happened. Other times, years pass before they discover the warrant during a traffic stop, background check, or search of an old case. The important thing is to confirm the warrant, identify the underlying case, and determine the correct way to get the matter back before the court. Call (714) 589-3063 Schedule a Consultation Quick Answer If an Orange County court has issued a bench warrant, ignoring it usually does not solve the problem. Confirm the warrant and case number. Identify which Justice Center issued it. Determine why the warrant was issued. Find out whether you must personally appear. Ask the court to recall or quash the warrant when appropriate. Common Cause Missed court date Another Cause Failure to follow a court order Main Risk Possible arrest while the warrant is active First Move Confirm the case and issuing court Example of warrant paperwork from an Orange County criminal case. The exact wording and conditions vary from case to case. Start Here What Is a Bench Warrant? A bench warrant is an order issued by a judge that can authorize law enforcement to take a person into custody and bring that person before the court. Unlike an arrest that begins a brand-new criminal case, a bench warrant commonly arises because something happened—or failed to happen—in a case already before the court. Common reasons include: missing an arraignment or other required hearing; failing to appear on a citation; failing to comply with a court order; an alleged probation violation; or failing to return to court when ordered. How It Starts Sometimes the Warning Was on the Original Citation A common warrant story starts with something that initially seemed minor: a person receives a citation and is released rather than taken to jail. The citation can contain an appearance date or instructions for handling the case. If the person does not properly address the citation or appear when required, the court can later issue a warrant. Do not rely on receiving another reminder in the mail. If your paperwork gives you a court obligation, treat that date seriously and confirm the status of the case if you are unsure what happened. Example of a citation. The appearance information on the original paperwork can matter if the case later goes into warrant status. Step One How Do I Check for a Warrant in Orange County? If you are unsure whether you actually have a warrant, start by confirming the information rather than guessing. 1. Search the Court Case Orange County Superior Court provides public Criminal and Traffic Case Access. A search can help identify the case, hearings, and available case-status information. Search Orange County court cases 2. Check Warrant Information The Orange County Sheriff’s Department provides information about active warrants and its Central Warrant Repository. Orange County Sheriff’s warrant information 3. Identify the Issuing Court Find out whether the warrant came from Fullerton, Westminster, Santa Ana, Harbor/Newport, or another court. The issuing Justice Center matters when determining how to address it. Example of Orange County Sheriff warrant-search information. Website layouts can change over time. Real-World Search What Information Do I Need to Look Up a Warrant? A name alone can produce the wrong person—especially with a common name. Useful identifying information can include your full legal name, date of birth, case number, warrant number, and the court connected to the case. If you locate a possible match, write down the case number, warrant number, issuing court, and any available bail information. Those details make it much easier to determine what actually needs to be addressed. Important Orange County Procedure If You Plan to Appear on the Warrant Yourself, Timing Matters Orange County Superior Court’s Current Instruction Orange County Superior Court currently instructs a person who wants to appear or post bail on a warrant to report to the Criminal Operations Department by 8:00 a.m., Monday through Friday, at the Justice Center that ordered the warrant. The court further states that defendants appearing after 8:00 a.m. may be required to return the next business day unless the court otherwise allows. Verify the current Orange County warrant procedure The best way to address a particular warrant depends on the charge, bail status, reason for the warrant, and whether an attorney can appear on the defendant’s behalf. Resolving the Problem How a Bench Warrant Gets Addressed Find the Case Determine the case number, charge, courthouse, and current warrant status. Find Out Why the Warrant Was Issued A missed arraignment is different from a probation violation, failure to complete a program, or failure to return for sentencing. Determine How the Case Can Be Put Back on Calendar The proper procedure depends on the court and circumstances. Determine Whether You Must Personally Appear In some matters an attorney may be able to appear without the defendant. In others, the court may require the defendant’s presence. Ask the Court to Recall or Quash the Warrant Once the matter is properly before the judge, the defense can ask the court to recall or quash the warrant and address the reason it was issued. The judge decides whether to grant that request and what conditions apply. Deal With the Underlying Case Clearing the warrant does not necessarily make the criminal case disappear. The original charge, probation issue, unpaid obligation, or other underlying matter may still need to be resolved. Attorney Representation Can a Bench Warrant Attorney Go to Court for Me? Sometimes. This is one of the most important questions to answer before someone with an outstanding warrant simply walks into court. California law permits attorney appearances without the defendant in certain misdemeanor proceedings, but there are exceptions and judges can require a defendant’s presence. Do not assume you can skip the warrant hearing because you hired a

October 29, 2023 No Comments

This is a picture of the Fullerton courthouse in Orange County, California, or what's otherwise known as North Justice Center.

Warrants

DUI Warrant in Orange County: How to Clear a Bench Warrant

Orange County DUI Warrant Guide Have a Warrant From an Orange County DUI Case? A DUI warrant often means the court believes you missed a required appearance or failed to comply with something ordered in the case. The warrant and the underlying DUI problem both need to be addressed. Quick answer: If a judge has issued a bench warrant in your DUI case, you can be subject to arrest while the warrant remains active. But discovering a warrant does not necessarily mean you should wait until police arrest you. Depending on the case, the warrant can be brought back before the issuing court and a request can be made to recall it while addressing the reason it was issued. Schedule a Consultation Call 714-589-3063 Missed DUI court? A judge may issue a bench warrant after a required failure to appear. Probation problem? Failure to complete DUI classes or other court-ordered requirements can bring the case back before the judge. Found an old warrant? Don’t assume age makes it disappear. Verify the case and determine how to put it back on calendar. Actual Court Document What an Orange County Warrant Notice Can Look Like This is an example of an Orange County warrant document from my files. People sometimes discover a warrant through court paperwork, a case search, contact with law enforcement, or after realizing they missed something in an older DUI case. The first thing I want to know is why the warrant was issued. Was it a missed arraignment? A later court date? DUI school? Community service? A probation violation? A missed surrender date? That underlying reason often determines how I approach getting the matter back in front of the judge. Example of an Orange County warrant document. The exact paperwork and procedure can vary by case. Attorney Video What Should You Do About a DUI Warrant? The worst strategy is usually to know that a DUI warrant exists and simply hope it never becomes a problem. In this video, I discuss DUI warrants and the practical issue of getting the case back before the court rather than waiting for an unexpected encounter with law enforcement. Why Would There Be a Warrant in a DUI Case? A “DUI warrant” is usually not a special category of warrant created only for DUI cases. It is commonly a bench warrant issued by the criminal court because something happened—or failed to happen—in the DUI case. Missed Arraignment The DUI case was filed and the defendant did not appear for a required arraignment or other court date. Missed Later Hearing A defendant may have appeared earlier in the case but later missed a pretrial, sentencing, progress review or other required appearance. DUI School Problem A court-ordered alcohol program may not have been completed, or the court may have received information indicating noncompliance. Community Service Required community service or other sentencing terms may not have been completed or proof may not have been provided. Probation Violation A DUI probation issue can bring the case back before the sentencing court and potentially lead to a warrant. Other Court Orders Failure to surrender, complete required programs, appear for review, or comply with another specific order can create a warrant issue. I Never Knew My DUI Case Was Filed. How Could I Have a Warrant? This is a situation I see in Orange County. Sometimes a person is arrested for DUI and expects the case to be filed on the date listed on the original paperwork. But a criminal complaint may not be ready on that date. The person leaves believing there is nothing further to do at that moment. If the case is filed later and the person does not receive or understand the later notice, a future court date can be missed. Why this matters: If you genuinely did not know about the later court date, tell your attorney exactly what happened. Keep old paperwork, envelopes, notices and anything showing your address or your efforts to follow the original instructions. The explanation for the missed appearance can matter when asking the judge to recall the warrant. For more about delayed filings, see my guide to what happens when charges are not filed on the expected arraignment date. Can I Be Arrested on a DUI Bench Warrant? Yes, an active warrant can subject you to arrest. Orange County Superior Court specifically warns that when a warrant remains active, a person can be subject to arrest by law enforcement. That means a warrant can surface during an encounter that has nothing to do with the old DUI case. The practical problem is unpredictability: instead of dealing with the warrant on a planned court date, you may end up dealing with it when law enforcement discovers it. Do not interpret this page as advice to hide from law enforcement. If you discover an active warrant, the better approach is to verify it and develop a lawful plan to address the warrant and the underlying case. How Do You Clear or Recall a DUI Warrant? People commonly use phrases such as “clear,” “quash,” or “remove” a warrant. In practice, what I generally want is to get the case before the court and ask the judge to recall the bench warrant while resolving whatever caused it. Verify the Warrant Confirm the correct case, court, warrant status and underlying DUI matter. Do not rely solely on an old letter or memory. Find Out Why It Issued Was it a failure to appear, DUI school termination, probation violation, unpaid obligation, missed surrender or something else? Put the Case Back Before the Court The matter generally needs to return to the Justice Center that issued the warrant so the judge can address it. Address the Underlying Problem Recalling the warrant does not necessarily erase an unfinished DUI class, probation violation or other unresolved court requirement. Can I Just Walk Into Court on My DUI Warrant? Orange County Superior Court currently instructs defendants who want to appear or post bail on a warrant

June 4, 2022 No Comments

Representation for People Who Have an Arrest Warrant in Orange County

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