Legal Question in Criminal Law in California
My daughter has 5 failure to appears in LA for solicitation which are about 5 years old...She cleaned her act up by moving to Virginia, going to school. She moved back to california in May of last year, she is now a mother of two ababies (2yrs old and 5 month old), her record has been clean as a whistle since 5 years ago. when her son was 2 months old he stop breathing, call 911 and he was rushed to Loma Linda Childrens hospital and CPS was notified (which is std), CPS investigated the situation and it was determined that both her and the father acted on the situation correctly and it was determined there was no neglect of the child. But since CPS was involved it has come to light that she has 5 failure to appears. She is scared of losing her children and is not sure how to take care of these failure to appear with the courts. How can she take care of these and does she need a lawyer?
3 Answers from Attorneys
As a Former Deputy District Attorney, I can tell you that it is best to retain a good lawyer, to lessen the consequences. A lawyer may be able to appear without your daughter's presence. If you want to go over all the facts of your daughter's case, you may call me, and we can go over all the facets of your daughter's matter, and I can tell you how to proceed......David Wallin......661-2671313.....
Your daughter needs to see a lawyer as soon as possible. There may be a warrant(s) out for her arrest. If so she may get stopped for jay walking and end up in jail.
Obviously she needs to hire an attorney to represent her in dealing with the criminal charges and arrest warrants she faces. With her facts, she may get some sympathy and a 'break' on the penalties and punishment she would otherwise face if she hadn't cleaned up. It may be possible to get some or all of these dismissed through a DEJ program and some probation time.
My standard advice and explanation:
Warrants are 'forever' until cleared. To handle [clear] a warrant, you MUST turn yourself in to the issuing court, with or without an attorney. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, an attorney can appear in court without the defendant being present � which is safer and avoids immediately being taken into custody. Turning yourself in voluntarily will result in a better outcome than being brought in chains to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the country.
While this isn't a 'capital case', you now face potential jail and fines, so handle it right. You�ll try to negotiate a recall of the warrant[s] and seek bail reduction or OR release from any new failure to appear charges. You�ll try to negotiate a plea bargain on any �Failure to Appear� charge that caused the warrant. You�ll try to negotiate a dismissal, plea bargain or take to trial any outstanding charge that led to the warrant. Effective plea-bargaining by your attorney, using what legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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