Legal Question in Criminal Law in California
I have an FTA warrant in the state of California from 10 years ago. I am in the process of hiring an attorney to help me get this matter cleared up. It is from a misdemeanor charge and I was just wanting to know what are the chances that I will go to jail over it. Is it more likely that I will just have to pay the fine?
3 Answers from Attorneys
Your attorney will have to go to court to get the warrant lifted first. The attorney will also have to schedule a court date for the charge. What the court will do for the FTA is another matter. It is not likely you are going to jail. A bail is likely and fine is also likely.
You state you are hiring an attorney; did you ask him or her?
To properly handle warrants, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new �Failure to Appear� charge. You�ll try to negotiate bail reduction or OR release. You�ll try to negotiate a plea bargain or take to trial the outstanding charges that caused the warrant. Turning yourself in voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors, the attorney can appear in court without the defendant being present, and any plea bargain deal could be handled by notarized paperwork. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, 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.
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