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I was charged Theft by deception. My first court date was…

I was charged Theft by...
I was charged Theft by deception. My first court date was 2/14/18 but I did not attend due to a valid reason which I communicated with the court and clerk prior to the date but they were not able to change the date so I was given “Failure to appear” in court. I was given a date of today 2/28/18 to appear in court which I will be attending at 11:30 am. My question is they are asking for me to be fingerprinted and etc and I wanted to know if I am going to be already arrested during this time. I will be pleading not guilty. I will obtain a lawyer but can not afford to do so until March 6,2018. My question is what am I to expect for today? Will they give me a new date but they will put me in jail while my next court date? Am I still to obtain a lawyer even if I do not have one for today?
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Customer reply replied 1 month ago
Will I also be given bail!
Answered in 2 hours by:
2/28/2018
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,514
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.
By continuing, you acknowledge that I am not providing legal advice and can only comment on the law in general.

Really sorry to hear about this. Yes, usually when you have a "failure to appear" the court enters a bench warrant for your arrest. However, if you are arrested, you will have a bail set and can bond out if you pay the bail. Or, you can hire a bail bondsman and pay about 10% of the bail to them and they'll vouch for the rest. Once you go before the Judge, you will have an opportunity to explain your reason. If it was one of medical necessity or some other excuse which absolutely prevented you from being at court, the Judge may not have you arrested. Yes, you can still hire a lawyer at a later date as well.

I hope this helps!

If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.

Michael

If you want to speak to me personally, you can request a phone coversation to follow up or ask me a new question at https://www.justanswer.com/law/expert-sololawyer/

DISCLAIMER: This is not legal advice and I am not your lawyer. The information I provide is based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.

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Customer reply replied 1 month ago
The court and clerk already knew the reason why I was not able to go so my court date is today. There was no bench warrant given. I even picked up the paper for the new date at the court. The new date is today. My question is for today when I go there for “Central Judicial Processing” ? What am I to expect? Will I already be arrested? I am pleading not guilty. Do I just get another date after pleading not guilty or they keep me there until my new court date

Thanks for your response.

Yes, "Central Judicial Processing" is like an arraignment. This is where the prosecutor screens the case to decide whether to remand it to Municipal Court, dismiss the case, or proceed toward misdemeanor trial or indictment by the grand jury. Rather than heading to indictment CJP is also a means of diversion into pre-trial intervention or plea negotiations. Yes, at this stage you'll be screened for eligibility for Public Defender representation, for Drug Court eligibility, and completing a Uniform Defendant Intake Report (UDIR).

If there was no bench warrant issued, arrest is not on the table at this point, so no, you would not stay there until the court date. You would be out until whenever the next court date was. Of course, I'm operating solely on the info you've given me. Court situations are fluid and at any time the Judge can make a decision/ruling that is different from the norm, based on the circumstances.

Michael

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Customer reply replied 1 month ago
there is no bench warrant. When I did not attend the first court date (I picked up the paper for my next date which is today- if I do not attend today then a bench warrant will be given) I will be obtaining a lawyer on March 6 when I can afford one. Do I still need to apply for a public defender to represent me. Am I meeting with the prosecutor or going in front of a judge today? I will be pleading not guilty. I was not arrested and no warrant for my arrest (even called the court clerk and said none was given). After I plea not guilty is there a bail amount that needs to be given?
Customer reply replied 1 month ago
Also this is the very first time even being processed or being charged with anything. I don’t drink or even smoke cigarettes. When I meet with the prosecutor do I tell them my side of the story or how I will proceed?

You appear before the Judge. The prosecutor will be there also. You plead not guilty and go on your way, unless something else I'm not privy to happens.

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The Judge will decide whether you're entitled to a public defender and appoint one if you so choose, or you can tell the Judge you will be hiring one.

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Customer reply replied 1 month ago
Thank you very much and my last question usually is the plaintiff making these charges against me will they be there today at my first court appearance in court?

The plaintiff is typically not at the first appearance, just at subsequent trials/pleas.

Good luck!

Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,514
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
Verified
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Michael J, Esq.
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Satisfied Customers: 3,514
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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