I'm a Bench Warrant Fugitive

My question involves an arrest warrant from the State of: California

Hello Everyone,

Please Help.

In October 2006, I was arrested in Hollywood for suspicion of DUI. I blew a 0.09 on the scene, and a 0.08 at the station. On my first court date, the public defender assigned to me enocuraged me to fight it and file a motion to suppress because the arresting officer had no probable cause to pull me over in the first place. (If you want the crazy back story, including my best friend being arrested as well, just ask, but to summarize, the officer lied his butt off in the police report and said his reason for stopping me in the first place was in fact because of a pedestrian violation, and not a driving one.)

Anyway, I really got screwed in the public defender department. The original one I had ended up being assigned to another case, so on the day that both my witness and I were to testify and I was going to file the motion to suppress, the new public defender messed up and had me testify while my witness was still in the courtroom, which pissed the judge off, and made my public defender afraid to file the motion. He then encouraged me to take a plea bargain from the prosecutor. It went from DUI to Exhibition of Speeding (Misdemeanor) to Drunk in Public (Misdemeanor) to Drunk in Public (Infraction) before I finally gave in. I was sentenced to do 15 AA classes.

(Fast forward to a few months later, a couple of days before I'm due in court to show proof of my AA class attendance.)

I am originally from Chicago, IL. When I was sentenced, my public defender told me that I didn't even have to show up for the hearing where I showed my proof of AA attendance--I could just fax the documents to him, and he would stand up in court for me. I ended up moving back to my hometwon before the court date, and can you guess what happened when I called his office to get him the documents? He has been transferred to another district. I told the woman on the phone the situation, and she said she would get someone to call me back before my court date. I haven't been able to get anyone on the phone since.

Needless to say, I was a no-show at court, and there has been a bench warrant issued for my arrest. It has now been over a year that I have technically been a fugitive, and I don't even know where my signatures from the DUI classes are anymore. I want to get to LA next month sometime to finally turn myself in, but I have no idea what to expect. Will they attempt to keep me? What will the judge say when I tell him I no longer have proof of attending the AA classes?

That's just the tip of the iceberg, considering I also need to deal with the California DMV and figure out what is going on with the status of my Illinois driver's license.

Any help would be greatly appreciated, as I have no idea where to start.

Find an Attorney and arrange your surrender

Your best bet would be to make arrangements with an attorney so that your surrender can go smooth. You can probably make bail pretty quickly if you have the money, otherwise, you'll be expected to remain at least until you are arraigned.

The DMV will be a separate issue, but you will likely need to take the classes again. Until the requirements are met by the DMV, they will have a hold on your driving privilege.

- Carl

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Quoting cdwjava

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Your best bet would be to make arrangements with an attorney so that your surrender can go smooth. You can probably make bail pretty quickly if you have the money, otherwise, you'll be expected to remain at least until you are arraigned.

The DMV will be a separate issue, but you will likely need to take the classes again. Until the requirements are met by the DMV, they will have a hold on your driving privilege.

- Carl

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Thank you so much for your fast response.

When you say, "make bail pretty quickly", do you mean within a few hours, or a few days? I am concerned not only because the 14 hours I did the night I got the DUI was 14 too long, but also because I have to take off from work to fly out there, and I'd rather die in the cell than to have to explain to my boss that I missed work because I was in the pokey..in another state, nonetheless.

Also, I know you'd have no way to really know for sure, but do you have any idea of how much bail would be for an offense like that?

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Quoting YoungAndReckless

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When you say, "make bail pretty quickly", do you mean within a few hours, or a few days?

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If you have it arranged correctly, you can be out in an hour. If the bondsman is there, you would go in and get processed, he would post your bond, and you'd be released. However, there is a possibility that because of the failure to appear, you might be held until you are arraigned - and that could mean a couple nights in jail.

An attorney in the jurisdiction where you have the warrant could help this process out a great deal.

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Also, I know you'd have no way to really know for sure, but do you have any idea of how much bail would be for an offense like that?

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I suspect you're looking at between $10,000 and $20,000 for an FTA and a bench warrant ... that means 10% down (non-refundable to you) to a bondsman plus collateral for the balance.

- Carl

Thanks, Carl.

I am going to definitely contact an attorney in LA. Would it help any to contact the public defender's office, since they are the ones who sent the letter for the warrant, or do you think they'd just screw me even further into the ground?

To clarify, the public defender's office sent the letter informing me of the warrant, and it said to call them so I could get the matter cleared up.

Consult an Attorney before you do anything!

Public defenders are attorneys.

If they said to call them, then I would recommend you do so.

- Carl

I am not certain its the "Public Defender's" Office trying to get hold of him. He ha sno Public defender as of yet why would their office contact him? I think this is the DA's office or even probation.

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Quoting panther10758

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I am not certain its the "Public Defender's" Office trying to get hold of him. He ha sno Public defender as of yet why would their office contact him? I think this is the DA's office or even probation.

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He was assigned a public defender in 2006. See his first post.

- Carl

I saw that but I am still surprised he would still have this Public Defender after two years. I just found it odd and thought perhaps OP misread who sent letter

Hi everyone,

I know it's been a long time, but I just wanted to let everyone know how my situation turned out.

I went to the courthouse back in November, told them I was there to clear up a warrant, and they assigned me a courtroom right away. A public defender talked to me, I explained the situation to him, and he agreed that I got screwed. The prosecutor and judge agreed too, thankfully, and after submitting my paperwork proving that I complied with the meetings, I was free!

I'd like to thank everyone for all of your help. Sorry it took so long to update!

P.S. I'm a female. Do I write like a male, or does my situation just seem like that of a male? (LOL)