Legal Question in Criminal Law in California

failure to appear

I plead guilty to a felony and was

sentenced with fines and had to do

either work release or electronic

monitoring.I honestly missed my

date to set up with electronic

monitioring,i showed up 2 hours

later when i realzied it and was

told i had to go back to court.will i

need to see a judge and explain it

to him, or will it be easy and fast in

court? im just worried because i

wont have my lawyer with

me.please advise what to expect

when i go down to get reinstated

with work release/electronic home

monitoring.


Asked on 6/23/09, 5:43 am

2 Answers from Attorneys

Brian McGinity McGinity Law Office

Re: failure to appear

You must re-calendar your court appearance and appear in front of the Judge. You will have to explain to the Judge what happened and why. They you must ask the Judge to re-refer you to the electronic monitoring program. The Judge does not have to re-refer you. However, if you are honest with the Judge and apologize to the court you have a good chance at it. Even if you do not get the re-referral you still have to go back in front of the Judge and explain the situation. If you don't they will put a warrant out for your arrest. So go back to court and take care of it. Good Luck

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Answered on 6/23/09, 8:51 pm
Karen Olson Attorney at Law

Re: failure to appear

Hopefully the Judge will re-refer you to the electronic monitoring program. If not, you may be sentenced to serve your time in jail so be prepared for that outcome as well. Failing to show at your scheduled appointment does not show the court that you are a good candidate for electronic monitoring. Good luck.

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Answered on 6/23/09, 1:47 pm


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