Community Service Not Completed
My question involves criminal law for the state of: California but I live in Hawaii now.
Hello, I originally was charged with a DUI in October of 2010. In July of 2011 I was convicted and I completed everything the court ordered me to do except the community service portion. I had made arrangements to move to Hawaii in August so in July I saw a judge to see if they would allow me to do my community service in Hawaii. The judge did grant me an extension and allowed me to complete it in Hawaii by the end of January.
When I got to Hawaii I found out that they did not have a standard community service department that I could do 8 hours a day until it was completed. I had to get a government park approved by the CA department for Community service that was handeling my case, which I did. Unfortunatley they only had a few hours here and a few hours there so I was unable to complete it by the date given by the judge. When I called the department back in California and asked for an extension they told me they could not extend it and the only way I could get it extended was to come to California and see a judge. Well there was no way for me to make that trip because I had no money for the plane ticket. So now I have a bench warrant for incomplete community service hours and I don't know what to do. Can I see a judge here? I have never been in trouble before and I had quit drinking completely a year ago because I never wanted to have that problem again.
What can I do now to get my name cleared if I can't get to California?
Thank you.
Gary
Re: Community Service Not Completed
Well, you're in a bit of a pickle. Unfortunately for you, Hawaii has no obligation nor stake in finding community service hours for you to fulfill your Cali probation requirements. You now have a warrant for your arrest in CA, and it isn't going to go away by itself. Now, I seriously doubt that CA will extradite you from Hawaii. But, if you ever return to CA and have any police contact, you can expect to be using your phone call to raise bail to get out of jail. Beyond that, since you failed your probation, you can expect that the sentence for your DUI that was suspended will be reinstated.
So, the easy answer is simply don't go back to Cali. But, it really isn't that simple. That warrant is going to show up on every routine background check you have...employment applications, college applications, rental applications, mortgage applications...
My advice would be to retain a lawyer who works in the court where your DUI was adjudicated. An attorney may be able to appear on your behalf and request a further extension for you to complete your community service. Failing that, the attorney will be best able to advise you of your options and negotiate with the court regarding sentencing.
Re: Community Service Not Completed
Your driving privileges in Hawaii should be compromised as well. Once your license in Cali is suspended, it will be hard to get a valid one anywhere else.
Re: Community Service Not Completed
Thank you for the info. I am continuing to do the community service and expect to have twwice the amount done by the time I go to Cali to visit. If I go to court as soon as I go to Cali will the courts let me exxxplaine wwhy it took me longer than wwhat was granted and wwill they except my doing twwice the amount and dismiss the violation?
Also I currently have a HI DL, if I get pulled over will it show my warrant in CA and will they arrest me for it? Revoke my license?
Thank you.
Gary
Re: Community Service Not Completed
They can see your warrant if CA has it in the database. If there is confusion to the geographic limitations of the warrant or no limit on the warrant, they can arrest you. If you have to renew your license, they can prevent you from doing so. If CA discovers that you have a valid licenst in another state, they can notify the state in order for them to revoke your license.
Re: Community Service Not Completed
If they arrest me for the warrant I have in California, in Hawaii, what happens to me? Do I spend time in HI jail for the 10 days that was originally the sentence? Or do I get extradited to CA? If they do put me in jail in HI wwill that be the end of it?
Thanks.
Re: Community Service Not Completed
It's not over until you satisfy CA. You can't spend time in Hawaii in order to satisfy CA. You'll just go through being held in Hawaii over and over until you settle your bill in CA.