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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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What is the punishment for a failure to appear

Resolved Question:

What is the punishment for a failure to appear?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 6 years ago.
Hello there:

For what type of case did you fail to appear?
Customer: replied 6 years ago.
It was not me. It was for a DUI
Expert:  Brandon M. replied 6 years ago.
A DUI can be tried as a felony or a misdemeanor in California; do you know if this person is being charged with felony or misdemeanor DUI?

I apologize for assuming that it related to you specifically; most people are not interested unless it applies directly to them.
Customer: replied 6 years ago.
I am honestly not sure about what type of dui it is being tried as. He did not hit anyone/anything. He was released from jail the next morning on a promise to appear.
Expert:  Brandon M. replied 6 years ago.
Most DUIs are misdemeanors, and if there were no injuries and no property damage, and if it is not his 4th or more, it would be a misdemeanor.

The maximum punishment for a FTA on a misdemeanor would be 1 year in jail, a suspended license, and a $1,000 fine. Unless he was wanted for murder, he would not likely get the maximum. More realistically, with no other criminal history (except a DUI),a misdemeanor defendant would usually get probation, a fine of around $400, and an assessment of $300. It depends very much on the circumstances and the court, but that basically gives you an idea of the range of realistic possibilities.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Brandon M. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you sir you have been most helpful

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