Legal Question in Criminal Law in California

Incarceration

May 5 is the day for my husband to turn himself in for a potential 4 year term in prison. We paid 10,000 dollars bail when he was caught for a drug traffic charge. He wants to take care of some personal business he does not want to leave unfinished and turn himself in when he is done which he thinks will take about 2 weeks or so what are the consequences of turning himself in after the May 5th date he was given


Asked on 5/01/05, 3:21 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Incarceration

An arrest warrant and forfeiture of bail, along with voiding of the 'deal' he has. You don't get to dictate to the court whether and if you comply with its orders.

Read more
Answered on 5/02/05, 2:09 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: Incarceration

The consequences would be so awful that he would truly regret missing his surrender date. A warrant for his arrest would be issued and his bail would be forfeited immediately. If you paid $10,000 for his bail, that probably means that his bail was $100,000. The bondsman would lose $100,000 to the court, and they bondsman will demand that you pay him the $100,000, or you could lose your house (if it were used for collateral). Your husband will most likely be arrested on the warrant soon thereafter, and taken to court in custody. He could lose his 4 year deal, and his time in prison could go up. He could be charged with a new offense of Failure to Appear, and that could result in more jail time. He would probably not get bail this time, so he would remain in custody until his case or cases are fully resolved and he is sent to state prison. In short, missing his surrender date would be just about the worst thing he could do. I highly recommend against it. If you and he would like to discuss this further, don't hesitate to call me. If you'd would like to talk to me today (Sunday), don't hesitate to call me at 310 393 0639 and follow the voicemail prompts to forward the call to my home. Good luck.

Read more
Answered on 5/01/05, 5:16 pm


Related Questions & Answers

More Criminal Law questions and answers in California