Legal Question in Criminal Law in Virginia

Capias FTA-Victim Witness

I was the victim witness and failed to appear in court for the stalking charge. The defendent kept changing all the court dates and it was an honest misunderstanding. The Commonwealth Attorney however, is pressing the issue and trial has been set. She is under the impression that I didn't appear to try and aid the defendent in some way, which isn't true but she wouldn't listen to me at the arraingment. Will I go to jail? I went to all of the court dates. I've never been in any kind of trouble. I'm confused and scared and need any kind of advice.


Asked on 1/15/09, 5:32 pm

3 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Capias FTA-Victim Witness

You should consult an attorney about this matter. Judges do sometimes give jail time for contempt/FTA charges.

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Answered on 1/15/09, 7:07 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Capias FTA-Victim Witness

If you�re actually being prosecuted under a contempt charge, you should hire a criminal defense counsel ASAP to represent you in this matter which would appear to require something more than a mere consultation.

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Answered on 1/15/09, 8:02 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Capias FTA-Victim Witness

The prosecutor (commonwealth attorney) really HAS to go through the motions of "pressing the issue" in order to save the prosecution.

If he had not issued a subpoena, he could not get a postponement of the trial.

You are being charged with contempt of court for not showing up. Technically, a judge could send you to jail for a day or two.

The key issue wil be if you have a good excuse and explanation for why you did not show up. If you convince the judge that you did not do it on purpose, or negligently, but it was an honest mistake, then nothing will happen.

If you show up and testify, and the judge believes your explanation of why you were not there,then it will be okay.

If you have any documentation fo the different dates that were on the table, make sure you bring all of that with you.

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Answered on 1/15/09, 8:22 pm


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