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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25947
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What happens to my case if I do not appear in the court, the

Customer Question

What happens to my case if I do not appear in the court , the time my lawyer has taken to surrender myself in the court on my arrest warrant issued having charges of title 18 U.S.C. 1343 wire fraud.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.


If you are a criminal defendant and miss your court date, a warrant will be issued for your failure to appear. The case does not go away. The prosecutor can still secure an indictment, which can be ready and waiting for you if/when the law turns you up.

Customer: replied 10 months ago.
It is the time taken by my lawyer , so I could surrender in front of court against the warrant issued on my name having title 18 U.S.C. section 1343 as charge on the warrant. I am not feeling safe and getting anxiety attacks to be present in front of court. What should I do. I am scared that they will deport me from US as I am a foreign student having F1 status
Expert:  Zoey_ JD replied 10 months ago.

Right now, you have not been convicted of any offense. You have only been charged. You are here legally, and they are not going to deport you just because you appear in court.

I understand why you might feel unsafe, but the more the government sees you as a flight risk, the higher the bail or bond will be when you are finally in court. A voluntary surrender is your best bet.

You need to have a long talk with your lawyer about your options.

Customer: replied 10 months ago.
My lawyer says to take date for tomorrow to surrender because he is not free after tomorrow till next week , I am thinking to surrender next week , will that be good or bad for me. He says surrender as soon as possible , and my friend with same charges in same case already in custody and he is having trial today.
Expert:  Zoey_ JD replied 10 months ago.

It is best to listen to your lawyer and to surrender when he will be there to help you. It is ALWAYS better to surrender on a warrant sooner rather than later. The longer you wait, the more the court will see you as a flight risk, and the higher your bail will be.

Expert:  Zoey_ JD replied 10 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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