Probation Violations, Bench Warrants And Failure To Appear Charges
Do you have an active arrest warrant, criminal warrant or bench warrant in California? Are you afraid of what might happen if you turn yourself in after failing to appear in court for a civil or criminal proceeding?
Stop Taking The Risk! We Can Help You Get Out Of The System!
With my experienced counsel and representation, you do not have to fear for your freedom. As a former veteran prosecutor and now a defense attorney handling bench warrants in San Diego, I have handled hundreds of bench warrant cases involving the full range of criminal law matters.
At The Law Offices of Mark Deniz APLC, we serve clients from across San Diego County, from Chula Vista to Oceanside. I know the techniques necessary to walk you into court, satisfy the warrant and walk you out the same door. I will help you resolve your criminal law issues and regain control of your life.
Why Should You Resolve Your Bench Warrant With A Lawyer?
A bench warrant is similar to an active arrest warrant. If law enforcement officers locate you, they have the right to arrest you immediately — anytime, any place. You will be taken to jail, and you will remain there until a bond is posted or the judge allows your release. This is a stressful way to live, and the consequences of not resolving your criminal warrant can have long-term implications besides the anxiety and fear you’re living with now. Do you want to keep looking over your shoulder and worrying about every sound you hear outside?
I can help you conduct a warrant check and find warrants at local San Diego courts. I will help you evaluate your full legal options and determine the best strategy for resolving the warrant and moving on with your life.
Proactive Representation And Straightforward Counsel
All conversations with me are confidential. I offer free case evaluations, free initial consultations and affordable payment plans for my services. Please email me or call 858-429-9982 to schedule a one-on-one meeting with me, attorney Mark Deniz.
Here is even more information on the subject:
San Diego Bench & Arrest Warrants And Probation Violations
People receive probation terms in most cases when their cases resolve. They include fines, taking courses or doing a number of other items. Situations come up where people did not complete their terms of probation. Situations could be:
- You did not pay a fine.
- You failed to show up in court on a day you were scheduled to be there.
- You failed to enroll in a course such as a DUI first conviction course.
- You failed to show proof of a term of probation, such as counseling or volunteer work.
- You failed to show up for Public Works Service (PWS)
- You failed to complete a course, such as a DUI course, anger management, theft course, etc.
- You failed to provide evidence of community service.
- You failed to show up for conviction or sentencing (a warrant may have been issued following a trial or plea but before you were sentenced),
- You failed to appear in court on an open case prior to your case’s resolution.
When this occurs you will likely have a warrant for your arrest issued. The most common kind of warrant issued by the court is known as a bench warrant also known as an arrest warrant. The reason for this is known as a probation violation.
If you live in San Diego and you think that there is an outstanding warrant calling for your arrest, you should first check the San Diego County Sheriff’s Department website to determine if this is true. San Diego has a great resource to find out if indeed you have a warrant or not.
In certain circumstances, the paperwork has not been processed and you may not be able to have a warrant issued. This is when you get an attorney to head to court to get reenrolled or get new dates to show proof. In either case, you need to talk to an experienced criminal defense lawyer right away. There is a chance that you might be arrested by the police and sent to jail. If you go in on your own the judge may just take you into custody. You can remedy this by sending a former San Diego prosecutor to explain why the warrant needs to be recalled and put you back on track.
Remember, jails are overcrowded; and in most cases, you can deter going to jail for not enrolling in a DUI class or something like that. A good attorney can persuade a San Diego court the failure was not due to disrespect to the court or the terms of probation.
Call 858-429-9982 now and clear up your bench warrant.
An arrest warrant is what the police will use to arrest you. A judge must sign the formal document requesting the arrest. It is issued during an investigation where law enforcement officers have reason to believe that criminal activity has taken place. Most people usually don’t know that there is an arrest warrant in their name until police arrive to make the arrest. In certain instances, the police may arrive at your place of work to arrest you.
If you decide to represent yourself, you are placing yourself at a potentially dangerous position. You could be arrested and placed in police custody as soon as you enter a courtroom.
If you have a misdemeanor case, your lawyer might be able to go to court and get the warrant recalled without you having to show up. A former San Diego prosecutor who knows how to deal with these kinds of cases will know what documents and other information the court might need to quickly resolve your case.
A skilled criminal attorney will know how to convey to a prosecutor and the judge the reason that your warrant should be recalled and why you shouldn’t be placed in custody.
Many people charged with minor probation violations simply give up and presume that they can’t correct the situation, but this is far from the case. Here’s what you need to know about probation violation and reducing or avoiding the most serious consequences.
A Little More About Probation Violation
A wide range of potential probation violations may subject you to a probation revocation hearing, including:
If probation is violated, the judge has three options:
- Reinstate your probation based on the same terms and conditions
- Impose new terms and conditions based on modifying your probation
- Revoke your probation and impose your jail or prison sentence
Violation Of Probation Hearing: More Detail
Probation is an important sentencing option that can keep you out of jail or prison, or shorten a potential jail or prison sentence. When a judge makes probation part of your sentence, you must comply with all of the terms and conditions or you may face probation revocation. If the judge determines that you violated your probation, you may face very serious consequences, including the imposition of the jail or prison term associated with the underlying offense for which you are on probation.
Probation violation hearings present special challenges. In these situations, your guilt or any available defenses aren’t relevant, neither is there any right to a jury; a judge will simply decide whether or not you complied with the terms of your probation.
The judge only needs to find that it is more likely than not that you violated your probation. If the judge determines you’ve violated your probation, he or she can impose the sentence associated with the underlying offense for which you were put on probation.
If you believe you may have violated your probation, you need to call 858-429-9982 or contact me online.
Below is the information on the most common probation violation my firm deals with and that is regarding San Diego DUI courses. People either fail to enroll in time, stop going to the class or never enroll. This is serious and needs to be dealt with.
DUI Program Reinstatement Facts What is reinstatement? A reinstatement is reenrolling and continuing the OHS Driving Under the Influence Program following dismissal on the same DUI conviction.
Who can reinstate? Participants are eligible for reinstatement up to 24 months from the date of dismissal. The only exception is participants who were dismissed due to a subsequent DUI, must complete a new DUI program.
Do the activities completed prior to dismissal apply after reinstatement? Participants who return to the program after dismissal on the same case will receive credit for the activities they completed provided that the reinstatement is scheduled within 24 months from the date on which the participant was dismissed.
What paperwork is needed for reinstate? Upon dismissal OHS informs participants by mail of the requirements for reenrollment. Court-referred participants who are dismissed from the program may need a re-referral from the court to reinstate. If you are unsure what paperwork is needed, please call us.
What if the participant owed OHS money for services received prior to the dismissal? Participants must pay the balance owed to OHS to reinstate. OHS will set up a pre-reinstatement payment plan with the participant. Contact my office for information.
How to set a reinstatement appointment? Contact our Enrollment Specialists at (855) DUI-8055, or contact the program you were attending directly.
Hire a proactive, affordable and quality defense lawyer when you are facing allegations of failing to appear in court. Contact The Law Offices of Mark Deniz APLC now for a free case evaluation at 858-429-9982.