Legal Question in Criminal Law in Maryland

failure to appear

Almost three years ago I had 4 checks (2 different astablishments) bounce. Due to bounce fees I couldn't pay the checks right away. When the court date rolled around I was to afraid to go to court since I hadn't paid the checks yet (They totaled less than $500 all together w/the bounce fees). Thus the FTA. I have since paid the checks but still haven't taken care of my warrents. I need to take care of the soon since my Drivers Lic. is to be renewed by the end of the year. What is going to happen when I turn by self in. What are the steps I should take? I don't want to have to stay ovetnight in jail if possible. HELP!


Asked on 10/03/04, 1:59 pm

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: failure to appear

Your question is about a bench warrant for FTA on bad check charges that you ultimately made good upon. You should immediately contact an attorney.

Should you not address this matter you risk being arrested at any time. This will cause additional burden for you.

The charge is technical and you have improved your situation with paying the amount owed. The amount of the checks has some input but the passing of the check is the criminal act.

There are several aspects to your defense. Do not delay contacting an attorney. My rates are reasonable.

Contact me at (410) 799-9002 or by return e-mail.

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Answered on 10/04/04, 6:21 pm
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: failure to appear

The fact that you have made good on the checks is very helpful to you. Keep proof of this w/ you. You do need to make arrangements to "turn yourself in." That will be an important factor as to whether you are a flight risk, cooperative, etc. Obviously if you do not turn yourself in and you get picked up otherwise (at an airport, traffic stop, etc.), that will be very bad in terms of the flight risk factor. You also risk getting picked up outside of this jurisdiction which sometimes can take 10 day or longer just to be extradited. A lawyer can be very helpful in dealing with all these things. The record can and should be checked for a number of things. One such thing is to confirm whether there is a "pre-set" bond. If the warrant can be challenged a lawyer can also help in filing a "motion to quash" the warrant. When you turn yourself in, make sure its as early in the day as possible so that there is sufficient time to process you. The standard response is that it "takes 2 hours," but it can take longer. If you show up in the afternoon, take a tooth brush, you can plan on spending overnight, so go as early in the morning as possible. Also, do not go in on a Friday, or you risk spending the weekend if a bond hearing is necessary or if the paperwork is lost. You should also take someone with you who can bail you out if you are not released on your own personal recognizence. The underlying charges also have many technical defences and requirements which can be interposed by a good lawyer. If you are interested, call my office any time to arrange a free consultation at:

(301) 279-8773 or (301) 738-7500.

Nothing herein is to be construed or relied upon as legal advise. In order to give legal advise, a lawyer needs to meet and consult with you and much more detailed information is required.

A.P. Pishevar, Esq.

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Answered on 10/03/04, 4:28 pm

Re: failure to appear

The best way to avoid spending a night in jail is to employ a Lawyer. The Lawyer can write to the judge to have the warrant withdrawn and a trial date set.

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Answered on 10/04/04, 7:46 am


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