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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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I recently went online and found out I have a failure to appear

Resolved Question:

I recently went online and found out I have a failure to appear charge against me and warrant issued for my arrest in the state of Virginia. I am the sole bread winner for me and my wife right now and any time away from work would cause me to lose my job. If i turn myself in willingly, how likely is it I'd serve any actual jail time for the failure to appear? Its a misdemeanor charge.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  dkennedy replied 6 years ago.

dkennedy :

Hello, What charge is the underlying charge? Do you have an attorney? How long ago was your court date?

JACUSTOMER-903rhg2m- :

the underlying charge was for driving on a suspended license in virginia but I had a valid iowa drivers license at the time, No I dont have an attorney at this time. The original court date was for march 19 2010.

dkennedy :

I am sure that all you have to do is to contact the prosecutor in Virginia and tell them you inadvertently missed court and would like to work out a deal and you will plead guilty. On a charge like this, they only want to dispose of the whole thing. You will probably get a fine. You may have to show up personally, but even that could probably be negotiated.

dkennedy :

Of course, once in a while you will run into a prosecutor who is new, or has some sort of a complex, and you might have to go down there and "throw yourself on the mercy of the court". No judge is likely to give you more than a fine for the driving charge. You will have to apologize for the FTA.

dkennedy :

If all else fails, hire a lawyer there and they will take care of it. It shouldn't cost you much for such a minor charge.

JACUSTOMER-903rhg2m- :

Ok thank you and I have one final hypothetical question if I may; a friend of mine was recently pulled over for speeding and during her traffic stop a search of her car was done and police found about 75 grams of cocaine in her car trunk. this is her first time getting in trouble with the law and she claims the substance actually belonged to her boyfriend. What sort of jail time, if any is she honestly likely to incur?

dkennedy :

That would depend on the state she was arrested in, and many other things. But that is a pretty substantial amount of cocaine. She will probably be charged with something like "possession with intent to deliver". Even if she did not intend to sell it, the law says if someone has that much, they assume she is a dealer.

dkennedy :

That probably will be a felony, and a slim chance of it being turned over to Federal authorities to be tried in Federal Court.

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