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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21076
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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i missed my court date it was oct 19th and i thought i was

Resolved Question:

i missed my court date it was oct 19th and i thought i was the 29th its for a 100$ bad check. i paid back the check. today im gonna be takin in under a warrent i have never been in trouble before i have a clean record. the officer thats takin me in today said they will most likely let me go and set me another court date..im really nervous and dont no what to expect...can u tell me what will happen when he brings me in???? he also told me i have a bond set for 2,600$ but he said since i have no record it will be lowered or i might not have to pay anything
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 years ago.

Lucy, Esq. :

Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today.

Lucy, Esq. :

When someone goes in on a bench warrant, it is unusual for the judge to make him go back to jail. What most often happens is that the judge recalls the warrant and sets another court date.

Lucy, Esq. :

You would usually have the option of pleading guilty to the bad check charges then and there, if that's what you want to do. But, if you want a trial, you'll get another date.

Customer :

what happens if i plea guilty

Lucy, Esq. :

If the bond is currently $2,600, the judge can order you to post bond before letting you go. If there is a bail bondsman in the area, you can enter an arrangement where you pay 10% and he pays the other 90%.

Lucy, Esq. :

If you plead guilty, you would be sentenced on the check charge immediately.

Lucy, Esq. :

If you have no record, that's most likely a fine and possibly probation. If there's any chance of going to jail, the judge will have to appoint a lawyer for you if you can't afford one.

Customer :

and if i pea not guilty then i get another court date

Lucy, Esq. :

Right.

Customer :

so do i need to get a bail bondsman before i go into and i have to wait til a bondsman is available before they will release me

Lucy, Esq. :

You don't need to get one before you go in, because the judge has discretion to lower the bail or not charge it.

Lucy, Esq. :

What you can do is talk to the judge about your ties to the community - job, family, etc., and ask that he release you based on your promise to come to the next date. If he believes that the failure to appear was an honest mistake, he may do it.

Lucy, Esq. :

Or, he may lower bond to an amount that you could pay upfront. If you pay all of it, you get it all back when you go to the court date. If you use a bondsman, you don't get any of it back, because he keeps it as his fee.

Customer :

ok....i have never been in trouble before so i really dont no how this works........ok yea i really thought it was on a different date it was a hones mistake on my part

Customer :

so would u recomend that i plea guilty or not guilty i had no idea there was no money left in my bank account my husband debits out of the account to for his business....i paid back what i owed

Lucy, Esq. :

Listen to what they're offering before you decide. If it's just a fine, it may be in your best interests to plead guilty. If it goes to trial, they have to prove that you knew you didn't have money in the account to cover the item. The problem is, they can use the fact that the check was returned as evidence.

Lucy, Esq. :

You would be allowed to introduce your bank statements and testimony from your husband that he made the debit without notifying you.

Customer :

ok so will they let me know while im there what there gonna offer

Lucy, Esq. :

How much was the check?

Customer :

it was for 100 dollars

Lucy, Esq. :

If the judge asks you for a plea, then you can ask what the penalty would be if you plead guilty.

Lucy, Esq. :

With a check for $100, by statute, the fine can't be more than $100. That's something to consider.

Customer :

ok i go in at 230 so how long do u think i will be in there for

Lucy, Esq. :

Unfortunately, there's no real way to estimate that. Once you get in front of the judge, it shouldn't take long. But a 2:30 time doesn't necessarily mean that you'll be talking to the judge at 2:30. It depends on how many other people are there to be heard before you.

Lucy, Esq. :

You can call the clerk and ask how long the calendar is, though.

Customer :

ok and they will let me go today they wont keep me?

Lucy, Esq. :

Also, if you paid the check within 30 days of being notified that it was returned, that is a complete defense. In that case, you shouldn't plead guilty.

Lucy, Esq. :

It's up to the judge. Most likely, they won't keep you.

Customer :

ok thank you so much for answerin my question i feel a little better

Lucy, Esq. :

You're welcome. Good luck.

Lucy, Esq. :

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Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21076
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Lucy, Esq.
Lucy, Esq.
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Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.