I was 19-20 when this happened Went to court and got probation but left before it started. I recently had a background check and found out i still had a warrant. I haven't been in any other trouble since then. any chance this is something that could be taken care of over the phone or email?
This type of situation - a long outstanding warrant - doesn't follow a set path. What happens with your warrant will be affected by the D.A. assigned to your case, the Judge overseeing your probation, and the skill of your attorney. It is possible that this could be resolved without you returning to Oregon, but it is also possible that you will have to return. I've seen both courses in situations such as yours. Since your case has already resolved, having a DUII specialist is less important than having a criminal defense attorney who regularly practices in the county that issued the warrant. Knowledge of the local D.A.'s, Judges, and court procedures combined with knowledge of the law is what you should be looking for. I would recommend that you find local defense attorney's, call a few you like the sound of (most defense attorney's offer free consultations), and chose one to work with. Best of luck to you.
Rhett L BernsteinDUI / DWI AttorneyWest Linn, OR ·
The government is like the mob, it never forgets. The warrant will follow you around until you take care of it. The warrant must be "cleared," which can happen either by your arrest or the court quashing the warrant. Should you get arrested, because its a probation violation warrant, you won't have the option of posting bail to gain your release. If you are arrested out of state on an extradition warrant, you will ride a bus from jail to jail until you reach the court that presides over your charge. I just had that happen to a client from Georgia to Clackamas County, Oregon, who didn't do anything. The case caught up to him. Quashing the warrant probably requires a lawyer. You should also understand that the current DUII law in Oregon doesn't allow a DA to dismiss a duii charge. So, again, this won't go away on its own. The good news is that your situation isn't all that novel. It shouldn't be too difficult to find an attorney that can assist you in clearing the warrant and getting your case resolved. The state will no doubt seek a revocation of your probation and a jail sentence. If your DUII is a misdemeanor, the good news is that you will "off paper" once the jail sentence is over, although your fines/fees will continue to follow you around as a judgment until paid off.
i agree with my colleague in that it depends on the DA, judge and other factors (including whether you have any new convictions or DUIIs since this one). A criminal defense attorney who practices regularly in the county where the case is (Deschutes County if your case is in Bend) can assist you in determining whether you will need to return to Oregon. Good luck.
You need an OR attorney to make contact with the State to see what your options are. Doing nothing on probation is not a very good situation. The State may want jail time if not simply letting you do the probation now. Many options may be available.
