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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23992
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Misdeammmmmnor conviction for controlled substance. he

Customer Question

misdeammmmmnor conviction for controlled substance. he agreed to weekend jail but did not show up what can he do
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: this is his second convition
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you.

How long ago was he supposed to turn himself in?

Customer: replied 2 months ago.
six months
Expert:  Zoey_ JD replied 2 months ago.

Thanks for the reply. Give me a few minutes to type up a response for you.

Customer: replied 2 months ago.
I would like a reply before I spent any more money
Expert:  Zoey_ JD replied 2 months ago.

You're not required to spend any more money. Premium services are strictly optional. Please give me time, however, to type a reply to you.

Expert:  Zoey_ JD replied 2 months ago.

Unfortunately I'm not going to be able to tell you what you want most to hear.

I assume that this defendant has a warrant out for his arrest now. If he's picked up on that warrant, he's already been sentenced to time, and he'll simply be incarcerated to serve that sentence. He won't, however, get weekends. He'll do straight time.

His only chance of getting weekend incarceration back is to talk to his lawyer and voluntarily go back before the sentencing judge to get the warrant lifted. Then his lawyer can make an argument to the judge as to why he should be trusted to turn himself in all over again and to do so every weekend until his sentence runs out. If he's been AWOL for 6 months, the judge is likely to take a great deal of convincing.

I have seen it happen where judges have been willing to impose weekend incarceration after a defendant failed to turn himself in as scheduled. But the defendant has always come in voluntarily and there has always been a very good excuse for his failure to abide by the court order.

If the defendant disappeared because he was using drugs, it's possible the lawyer can get him resentenced to some kind of treatment program in lieu of jail, if he wanted something like that.

Expert:  Zoey_ JD replied 2 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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