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Location: Indiana  |  Law type: Criminal defense attorney
Solved

I have a warrant in another state that is over ten years old that I just found out about. It's an old DUI case. I was placed on 1 year of unsupervised probation because I lived in another state. I thought this had been resolved years ago, but I recently learned it wasn't. When I looked it up on the clerk of courts it says,

"STATE FILES PETITION TO REVOKE PROBATION. INITIAL REVOCATION HEARING ON SAID PETITION IS SET FOR MARCH 20, 2012 AT 1:30 P.M. (SERVICE BY CERTIFIED MAIL) (RJO? N) | JTS Minute Entry Date: 02/23/2012

 
Converted Event


*RETURN OF SERVICE. SERVICE MADE ON (*DEFENDANT*) ON 2/28/12. (CERTIFIED MAIL). (RJO? N) | JTS Minute Entry Date: 03/02/2012


Converted Event
Calendar: INITIAL REVOCATION HEARING (Time: 13:30:00) (Judge: MRM) (Notes: PETITION TO REVOKE PROBATION)
03/20/2012    

Converted Event


INITIAL REVOCATION HEARING IS HELD ON STATE'S PETITION TO REVOKE PROBATION. STATE APPEARS BY DEP. PROS. BETH SERMERSHEIM. DEFENDANT DOES NOT APPEAR FOR HEARING. COURT TAKES NOTICE THAT DEFENDANT DID RECIEVE SERVICE ON 2/28/12. ON STATE'S REQUEST, COURT ORDERS WARRANT ISSUED TO INDIANA STATE POLICE, ***************. SHERIFF AND ***** COUNTY SHERIFF'S DEPT. OF *************************. (RJO? N) | JTS Minute Entry Date: 03/20/2012
10/03/2012  

 
Converted Event

++BENCH WARRANT HAVING EXPIRED, COURT NOW ORDERS WARRANT REISSUED./CLERK (RJO? N) | JTS Minute Entry Date: 10/03/2012


Warrant or Writ of Attmnt for the Body of a Person Issued"

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However, I was NEVER notified of any court date. . I thought it was taken care of years ago being that it was non reporting from another state and the fact that all my fines were paid. 
 

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Indiana. If the response is inadequate, please submit a detailed inquiry.

Resolving an Old DUI Warrant and Probation Revocation

It can be alarming to discover an old warrant, especially for a case you thought was resolved. Here’s a step-by-step guide on how to address this situation and get it resolved:

1. Contact the Clerk of Courts and Review the Case File
First, reach out to the Clerk of Courts in the state where the warrant was issued to confirm the details of the case. It seems you were unaware of the revocation hearing and the subsequent warrant due to a lack of notification, even though the court record states you were served by certified mail. It’s important to confirm whether there is an active bench warrant and to obtain all documents related to the case.

2. Consult a Criminal Defense Attorney
Since you are dealing with an old warrant and a probation revocation for a DUI, you will need an experienced criminal defense attorney, particularly one familiar with interstate legal issues. An attorney can help:

  • Quash the Warrant: Your attorney may be able to file a motion to quash (cancel) the warrant. This will prevent you from being arrested and allow you to deal with the case in court voluntarily, rather than being taken into custody.
  • Address the Probation Revocation: Since your probation was revoked over 10 years ago, you will need to address the probation violation. Your attorney can argue that you were unaware of the hearing, especially if the service was not properly delivered, and may request to reinstate probation or dismiss the revocation.

3. Verify Your Fines and Probation Requirements
You mentioned that all your fines were paid and that you were placed on unsupervised probation because you lived in another state. If this is the case, it’s crucial to have records showing that your fines were paid in full. Additionally, confirm that you met all other conditions of probation. If everything was completed correctly, your attorney can use this to argue that you have satisfied the terms of your probation.

4. Negotiate with the Prosecutor
If the fines were paid and probation requirements were met, your attorney may be able to negotiate with the prosecutor to dismiss the probation revocation and resolve the matter without further court proceedings. Since this is a very old case, there’s a chance the prosecutor may be willing to settle it, especially if there’s no evidence of ongoing violations.

5. Addressing the Warrant from Out-of-State
Because the warrant is from another state, you could be at risk of arrest if you are stopped by law enforcement. It’s important to handle this matter as soon as possible to avoid potential extradition or other legal complications. If the case is in Indiana, and you are currently in another state, you should not travel to Indiana without first consulting your attorney to understand the best way to resolve the case.

Conclusion:

This situation can likely be resolved through legal action to quash the warrant and address the probation revocation. By hiring a criminal defense attorney, you can handle the case without risking arrest, and your attorney can negotiate on your behalf to possibly dismiss or settle the matter.

Disclaimer:

This information is provided for general guidance and does not replace professional legal advice. Consulting with an attorney familiar with criminal defense and interstate warrants is highly recommended to address your specific situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How can this be resolved?" has been changed 1 month 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Indiana & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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