How Does Failure to Appear at Sentencing Affect Your Sentence

[preames]

My question involves criminal law for the state of: California
My friend's son was to surrender on Friday (3/4/11) to serve 180 days for 3rd DUI and 30 days for 2nd DUI (concurrent).He also had a bench warrant for failure to complete dui classes. How will his failure to appear affect his sentence once he is arrested or turns himself in? There are now two $50,000 one $5,000 bench warrants issued.

[flyingron]

If any amount of the sentence was suspended, the judge may decide to unsuspend it.

[preames]

Would this be suspension of sentence?

PRONOUNCEMENT OF JUDGMENT IS ORDERED WITHHELD AND CONDITIONAL AND REVOCABLE RELEASE IS GRANTED FOR A PERIOD OF 36 MONTH(S)
The above was in addition to the 180 day sentence

[Mr. Knowitall]

The conditional release sounds like a three year period of probation. The amount of additional jail time he could potentially face upon being resentenced would be the difference between the present jail sentence and the maximum jail sentence. Often a judge will add some jail time but not the maximum, and keep the defendant on probation after he is released from jail. He could also face a contempt charge or a misdemeanor FTA charge. This person should consult a criminal defense lawyer if he wants to know what's likely to happen in his case.

Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested.

(a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.

(b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and upon conviction shall be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in the state prison, or in the county jail for not more than one year, or by both that fine and imprisonment. It shall be presumed that a defendant who willfully fails to appear within 14 days of the date assigned for his or her appearance intended to evade the process of the court.

Every person who is charged with or convicted of the commission of a felony, who is released from custody on bail, and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony. Upon a conviction under this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the state prison, or in the county jail for not more than one year, or by both the fine and imprisonment. Willful failure to appear within 14 days of the date assigned for appearance may be found to have been for the purpose of evading the process of the court.

[preames]

Sounds like he would be best off turning himself in within 14 days (ASAP in my opinion!) rather than waiting to be arrested. I haven't told his mother that he did not appear in court. (I read it on the online court minutes).
I would guess that since the judge had already granted him a 40 day extension to turn himself in on the two sentences, he will probably not be too happy.

[indybail]

The only effect can be negative. If he has been out on a bail bond pending sentencing, the court's reaction is not the only matter to be concerned about. The costs of the bail bond agent's recovery costs are also racking up.