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I got Third DUI in 3 years in California, first two were in…

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I got Third DUI in...
I got Third DUI in 3 years in California, first two were in 2014. For first 2 i have completed all obligation but was still under probation. BAC was .14 at third and .16 in first two. I am on H1B Visa. My questions are: -
1. If i loose job, which is possible because i have to inform employer about arrest, and i don't get another one in 30 days i have to leave the country. What will happen at court in this scenario? Can my lawyer keep representing me until last court date and I will not be considered jumping bail?
2. If i am out of country because of VISA can i complete court order from India?
3. Its 3rd DUI so punishment in CA will be stronger. What happens if after my conviction, while i am completing what all court asks me to do, my employer finds out and fire my. In that case i wont be able to complete court order. What happens in this case?
Submitted: 1 year ago.Category: Legal
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5/12/2017
Lawyer: LegalKnowledge, Attorney replied 1 year ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,842
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

Good morning. I am sorry to hear about this and know you are concerned. Allow me to address your questions, as you presented them above:

1) Your lawyer can appear on your behalf. The issue is if the case is not resolved prior to you leaving and you can not return, then a warrant will likely be issued for your arrest. If you try and reenter the US, you could be taken into custody. The issue is that while your attorney can appear on your behalf and ask the Judge to waive your appearance, there will be a time that comes, when you need to appear and if you fail to do so, a warrant is likely going to be issued.

2) It is unlikely that the DA will allow you to complete any requirements in India, so unless everything can be done online, it may not be possible. You also should be aware for a 3rd DUI, the DA is likely going to want jail time and probation and neither can be done, if you are in another country.

3) If you are unable to complete what was ordered by the court and part of your probation, you could be violated and/or in contemt of court and be placed in jail.

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Customer reply replied 1 year ago
If VISA situation arrives then things are not in my control. Won't court accept this? If they ask me to go to jail then anyways my employer will know because i have to ask for long leave and they would ask me why. Wont DA consider this situation because in this case by not understanding they setting something which is pretty much sure to fail.
Lawyer: LegalKnowledge, Attorney replied 1 year ago

I do understand. The DA has an obligation to prosecute. If there are issues which are forcing you to leave the country, the DA is not going to drop or dismiss the case. To be honest, the last thing they want to see is someone here who is committing criminal offenses, so I do not think they will just dismiss this if you have to leave and if you do not satisfy what is court ordered, will look to violate you or have the Judge issue a warrant, so if you do return, you will have to answer to this

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Customer reply replied 1 year ago
Ok got you. At return will i be continuing from where I left or there will be additional legal trouble like extra penalties extended jail etc.? Above question is in case when I inform court in advance about me getting fired and if I don't get job in 30 days then i may have to leave. Is there any SOL on warrant?
Lawyer: LegalKnowledge, Attorney replied 1 year ago

The warrant will remain. As such, if you are on probation and then leave, you would have absconded and violated probation. You would then have to answer to the violation, which could result in your probation being revoked and jail time. Moreover, things which were court ordered, would need to be complied with as well.

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

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Lawyer: LegalKnowledge, Attorney replied 1 year ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as you have opted out your previous contributor and they cannot reply.
First of all, in a DUI case where there is a defendant who is on a visa, the court and DA will work within that visa term to try to resolve the matter. The court will insist the defendant be represented by an attorney in all cases anyhow and as such if you must leave for visa/immigration reasons, your attorney can continue to represent you in your absence and present proof to the court of the reasons why you cannot personally appear based on the immigration issues.
As long as you have an attorney representing you in the case, you will not have a warrant placed out on you. What will happen is generally there will be a fine and a suspended jail sentence. If you face any mandatory time in jail, the court can suspend that until your return to the US.
What the previous expert told you above is exactly what would happen if you do nothing and do not get an attorney and just leave the US. If you engage an attorney, they can generally arrange everything and will do so in your absence to avoid warrants or additional fines or penalties.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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