Being charged with any form of crime can be a life-altering event for you and your loved ones, and you cannot afford to gamble with their future. You could be facing charges for suspected drunk driving, aggravated assault, fraud crimes, or any unlawful activity for which you may or may not be liable. If you were apprehended for the said crime within the jurisdiction of California, but you reside elsewhere, the judge still requires you to answer to charges in the particular jurisdiction.

It is normal to be tempted to ignore a court hearing, but this action is a disservice to you as the judge may inflict harsh penalties and assessments depending on the specific crime. The San Diego Criminal Attorney can help you navigate this murky situation, so you don't add to the current legal woes. There are appropriate measures you can take to ensure you honor the court while not missing out on work or family responsibilities before the actual trial date.

What Happens if I Decline to Appear in Court?

If a suspect is arrested in one state and then travels back to their home state, they may assume they are off the hook for these charges, but this couldn't be further from the truth. The U.S. Constitution mandates every state and territory to surrender people facing criminal charges upon request in a process known as extradition. Failure to attend an arraignment does not absolve you from the crime as enforcement agencies in California can liaise with agencies in your home state to have you apprehended. Therefore, your disobedience can trigger more penalties that will hurt the final ruling. 

Misdemeanor vs. Felony Charges

If you are facing misdemeanor charges for crimes such as drunk driving, simple assault, disturbing the peace, and so on, you can waive the appearance and have your local attorney to represent you in court.  This provision means you don't have to travel back to California for every arraignment as the criminal proceedings ensue. Hiring a local attorney makes sense when the geographical distance is significant – such as California and New York – as you can save money on travel-related costs.

If the charges leveled against you are classified as a felony – such as a fourth DUI charge – the situation becomes dire, and you are mandated to appear for all hearings. Your lawyer can manage to explain a few absences, but this provision depends mainly on your record if any. You can only be released after posting bail and failure to appear before the judge as arranged will automatically lead to forfeiture of this money. In such cases, you are likely to be apprehended in your home state and jailed until the trial date. If you are convicted by a California court, this criminal record stays with you even upon release and return to your home state.

Let us now focus attention on DUIs in California and their corresponding legal implications here and in your home state.

Handling DUI Charges When Residing Outside California

One of the most common interstate criminal charges in the state is drunk driving, and even if ride-sharing services like Lyft and Uber have brought a reprieve, carnage on California's highways is still prevalent. Recent updates by the Centers for Disease Control (CDC) surmised that 1.8% of drivers (471,589 as of 2016) reported having operated a vehicle while intoxicated. These grim statistics are prompting law enforcement to take rigorous measures to capture drunk drivers who reside in the state or passing through California's roads.

Similar to other unlawful activities, DUI charges come with a host of legal implications in California and your home state. To start, the officer cannot take away your license, but they will issue an Order of Suspension informing you that your driving privileges within California will be suspended in 30 days. You must appear at the DMV before this duration elapses to convince them otherwise.

DUI Charges Are a Two-Step Process

Answering to DUI charges entails two separate hearings; one in court and the other at the DMV and the outcome at either trial has no bearing on the other deliberations.

  • Criminal court system – the prosecution will rigorously seek to prove the charges held against you and recommend penalties as per the state guidelines.
  • DMV hearing – this is an informal organizational hearing where DMV officials will decide if they should take away your driving privileges inside the state or not.

This two-step process has far-reaching consequences, and you should, therefore, ensure you have adequate representation on both arenas. Hire the best San Diego Criminal Attorney to advise you so you can retain your driving privileges in California and get the best possible outcome in court.

What is the Interstate Drivers' License Compact?

The Driver License Compact (DLC) is an accord between 45 states including the District of Columbia allowing these jurisdictions to share data between driver's home state and the state where they contravened traffic laws. Non-member states are Michigan, Massachusetts, Wisconsin, Georgia, and Tennessee but this accord has congressional consent in these areas.

This compact initially covered gross violations of traffic laws since the 1960s, but it was amended over time to include minor infractions that undermine road safety. However, some states like New York, Maryland, Nevada, and Pennsylvania, and Colorado only use the DLC for significant infringements.

If your home state is a member of the Interstate Drivers' License Compact, being convicted of a DUI crime means the California DMV will share these details accordingly. The Jurisdiction is also free to act upon road infractions reports provided by non-member states. When states exchange data, the DMV office back home will then impose penalties as per the state guidelines. Losing your driving privileges even for a month could affect your job and even more so for commercial drivers as they may find themselves out of work. 

Moreover, being convicted of a DUI offense in the Golden State leads to a notification at the National Driver Register (NDR) and this can yield many problems down the line. The NDR is a computerized catalog of information about drivers who have had a license revocation or suspension, or who have been found guilty of gross traffic infractions like drunk driving. State motor vehicle agencies share information about problematic drivers and subsequent applications for licenses could be declined altogether.

How Does a DUI Charge in California Affect Me Back Home?

If all goes well, you will be acquitted of these DUI charges, and you may not be subject to penalties back home. Nonetheless, this outcome depends on the policies and regulations of your home state concerning your particular charges.

On the other hand, a DUI conviction may come after the DMV and court hearings, and in this case, you are subject to the state penalties and assessments for these charges. Your license is suspended, and the DMV office back home is informed as such. California DMV can only reinstate your license after you pay a license re-issuance fee, attend alcohol and substance abuse classes, community service, etc. The aftermath of court hearings could necessitate the installation of an Ignition Interlock Device (IID) for a stipulated duration, and you must fulfill the insurance SR-22 requirement.

If you were visiting California for tourism or another purpose that may not necessitate returning soon, you could wait out the suspension duration for six months, then file an Out-of-State Waiver. This document proves to the DMV that you don't reside in the state and will not be driving on its roads, and this declaration will be signed under penalty of perjury. The DMV will then discharge the hold on your license, and depending on your home state laws; there will be no suspensions back home.

First or succeeding DUI charges must be given the attention they deserve even when you return to your home jurisdiction. The last thing you want is a conviction that exposes you to the above consequences and negating this outcome starts with enlisting a San Diego Criminal Attorney to defend you.

Handling Other Types of Out-of-State Criminal Charges

Apart from DUI charges in California, it is possible to find yourself in legal trouble for other crimes that could fall under misdemeanor offenses or felonies such as aggravated assault. Regardless of the severity of these accusations, you cannot afford to ignore a decree to appear before a judge even when you live far away.

Court Warrants and What They Mean For You

Extensive technology use means details of your impending arraignment are readily available from anywhere, including active warrants for arrest. Failure to show up will prompt the judge to authorize the local law enforcement to arrest you, and this can be of two kinds:

  • Arrest warrant

This order is issued when you are suspected of committing a crime and was not apprehended soon after the fact. For instance, you were involved in a bar brawl that led to the other party incurring severe injuries, but you fled or were not arrested at the time. If the victim files a police report and the police track you down, perhaps after viewing CCTV footage, the court will issue an arrest warrant.

This order is issued when one contravenes the rules of a court such as a refusal to appear for arraignment without prior notification through legal counsel. This document is usually referred to as Failure to Appear or simply "FTA."

Any warrant requests are entered into the FBI's National Crime Information Center database, to notify law enforcement everywhere when they perform an I.D. check. You could be arrested by any officer, or the US Marshals are enlisted to find you. Do not make things any worse for you; hire a lawyer and report to the court immediately.

To avoid the unpleasantness that comes with warrants, take the following measures to address your misdemeanor or felony charges in California:

  1. Don't Leave California Unless Necessary

Minor offenses don't typically require incarceration before a hearing, so you are free to travel back home upon posting bail.  Afterward, the onus is on you to show up in court when called upon to do so geographical distance notwithstanding. While many travel expenses can impact your finances, your primary goal is avoiding further penalties that could be in the form of hefty monetary fines. Heed to the judge's directions including when they order you not to leave the state perhaps if your final court date is imminent. 

  1. Enlist a Local Criminal Defense Attorney

Hiring a seasoned lawyer is the next logical step so you can start benefiting from their legal counsel. A local attorney is not only well-versed with California state laws, but they are also familiar with the criminal justice system. An attorney can efficiently represent you in court, so you don't have to travel back to answer to your alleged crimes unless your physical presence is utterly desired.

Many courts don't have an issue with this arrangement, and that is why hiring a great local attorney helps as they can leverage existing relationships with courts. Having this understanding in place not only saves your from difficult travel time and accompanying costs but also ensures you are not faced with penalties for missing arraignments. San Diego Criminal Attorney boasts a team of respected lawyers who will work tirelessly to arrive at the best possible outcome in your case.

  1. Consider Transferring a Sentence

This option is plausible for minor offenses that don't usually come with jail time and only require summary probation as per legal guidelines. Your attorney can petition the court to have your punishment served in your home state, so it is more convenient, and you still get to repay debts to society. This solution only works for certain crimes as per respective state laws; your lawyer will advise if your case applies in California and your home state.

Difficulties You May Encounter After Getting a Criminal Record

Having a criminal record can impede your life in many ways long after you have paid the debt to society and started a new path of redemption. These records, also known as police records, usually indicate records of arrests, charges and penalties, and the disposition of those charges. Government agencies are continuously gathering and updating criminal records on local, state, and federal levels to present a wholesome illegal history for every offender. Once you have a conviction, you will encounter trouble in the following ways:

  1. Finding General Employment

One of the most significant impediments of having a criminal past is the inability to secure work and especially a permanent well-paying job. Devah Pager, a Harvard professor, notes the prison boom not only affects convicts and their families, but it has catastrophic impacts on the labor market too. According to a poll done by the New York Times, CBS News, and the Kaiser Family Foundation, men with criminal records account for 34% of all non-working men of 25 – 54 years.

Efforts are afoot to push for legislation for "ban the box" championed by the National Employment Law Project (NELP) and other nonprofits, but significant improvements are yet to be realized. The National Federation of Independent Business (NFIB) notes that small businesses are likely to hire ex-cons with whom they are familiar but much smaller enterprises without personnel departments worry forgoing criminal screening could invite trouble.

Even low-paying positions at fast-food eateries are now doing background checks, thus increasing the hurdles, especially after the Great Recession. Most ex-offenders who get lucky are stuck doing wage labor jobs that are intermittent at best not to mention enduring mistreatment by employers who extend them a lifeline.

  1. Limited Job Opportunities

Once you have a criminal record in California or another state, there are many restrictions into the kinds of economic opportunities you can pursue. For instance, you cannot take a job involving minors such as daycare or preschool, even starting daycare at home as officials will deny you a permit. The same applies to the medical field as you may be asked to do a Vulnerable Sector Check, which usually shows charges of sex-related crimes even when you were granted a Record Suspension. Stringent hiring practices effectively keep ex-offenders from becoming nurses, doctors, or any other type of medical professionals. If you were convicted of fraud or other money-centric crimes, you are not eligible for work involving handling money such as finance or retail, and the same goes for gambling.

  1. Government Jobs

Risk-averse bureaucrats may ask for a deep-dive into your criminal past, and even when the crimes don't pose any threat to the position you are angling for, they can create problems for you. A criminal history also means you cannot run for a local office or compete to join a government board. If you wish to become a law enforcement officer, you need to receive a Record Suspension before being considered.

  1. Finding Housing

People with criminal records often find it hard to get accommodation since many landlords request prospective tenants to agree to a record check when they fill out the rental application. A landlord could pass you over in favor of a tenant with a clean record. The inability to secure decent housing in a suitable area can undermine convicts’ efforts to rebuild their lives, and they end up in bad situations again.

  1. Volunteer Positions

People with a criminal past are also barred from many volunteering their services, especially if they will be in contact with vulnerable populations like minors and senior citizens. Soup kitchens or food banks may be more welcoming. Having trouble finding work and being locked out of volunteering is counterproductive and most ex-convicts may find that hanging with unsavory characters will end up having them in trouble again. 

Finding the Best Criminal Attorney Near Me

Having seen how a criminal record affects an individual, it is vital that you engage experienced attorneys to advise you on how to handle the charges brought upon you even when you live outside California. Your future is at stake, and therefore, San Diego Criminal Attorney highly advises people in your situation to find the best legal assistance to ensure you stay away from prison. Call us today at 619-880-5474 so we can start assisting you.