Legal Question in Criminal Law in Virginia

Traffic Offense warrents

I have recently moved to Massachusetts from Virginia. I have found out that I have a mistermeanor traffic warrant out of virginia. (rec. driving-doing 85 in 55 MPH zone). I filed for continuance but it must have been denied because the website states that there is a capias for failure to appear. Is there anything I can do short of going to virginia? If i wait until they catch me will i have to stay in jail until virginia comes and gets me--or can i make bail? any help will be appreciated.


Asked on 4/26/05, 6:56 am

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Traffic Offense warrents

Motions for continuances are just that - a request. Not a granting. When no one shows up then a capias is issued for failure to appear.

VA will not extradite you for a misdemeanor. It is a reason to be held if the police of any jurisdiction gets its hands on you.

My suggestion - hire Va counsel and take care of it. Since it is a misdemeanor carrying the possibility of incarceration (not probable), your appearance cannot be waived.

The failure to appear will not be serious since you made an attempt to alert the court that you could not be there.

It will not go away so it's best to deal with it.

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Answered on 4/26/05, 8:43 am
Joseph Murray Joseph M. Murray, Esq.

Re: Traffic Offense warrents

Assuming Virginia has reciprocity with Massachusetts, they may notify MA Registry of Motor Vehicles who may deny or suspend your right to operate until you deal with it. If you should be stopped by the police they may consider the default a reason to hold you as a flight risk. It would be best to deal with it either personally or through an attorney here working in concert with a Virginia attorney to get the default removed and dispose of the matter. Good Luck.

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Answered on 4/26/05, 1:01 pm


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