The National Trial Lawyers AIOCLA 2015 10 Best NAFDD 2nd Consecutive Year DUI Attorney


Monthly Archives: August 2013

Question: “I know that I have warrants from 13 years ago, but I don’t know what they ar all for. How can I find out what I am up against when I go into court? I want to turn myself in. I can’t afford a lawyer, so I will be representing myself.”

Answer: If at all possible, avoid representing yourself. You may have remedies available to you. If your only objective is finding what the warrants are for, I’d still suggest that you contact an attorney who provides a free consultation, as we do have the means of discovering the information that you seek; and furthermore, can discuss which remedies, if any, could be available to you.

Question: ”I was arrested for California health and safety code 11550. The court date has passed and I have not been charged. What happens now?”

Answer: Were you present in court on the scheduled date? If so, what were you told? The case may have been rejected by the district attorney’s office, or there may have been a delay in filing. There are statues of limitation within which the prosecutor’s office must file a case against you. An experienced criminal defense attorney can investigate further and contact the proper people and offices on your behalf to determine that likelihood of a future filing or, in the alternative, determine whether a case has already been filed against you following the originally scheduled arraignment date.

Question: ”I was ordered to do community service. I was given dates to return, to show proof of completion. I haven’t completed my community service. Can I request an extension?”

Answer: Whether or not an extension will be granted depends on the specifics of your case. For instance, what was the original conviction for?  Was it a felony or misdemeanor conviction? Aside from not completing the community service hours, how have you performed on probation? Have you completed any of the obligation? Finally, which courthouse are you in, as different judges within the county will treat this request differently.  In some instances, it is best to request the extension prior to the due date by having your case advanced and placed on calendar.

Question: ”I am on probation right now for a DUI, will I be able to teach someone to drive with a provisional instruction permit? Do I need full coverage insurance?”

Answer: Generally, the terms and conditions of probation state that you cannot drive unless properly licensed and insured. As such you would need insurance. With respect to your license, have your driving privileges been fully restored, or is your license restricted? If restricted, it’s unlikely that you will be able to instruct anyone else, unless it somehow fits into the scope of your employment. Without knowing your occupation, I cannot state whether this would apply to you or not. If your driving privileges have been have been fully restored, I would still require additional information from you before providing a more detailed answer.