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  1. #1
    Join Date
    Jul 2010
    Posts
    7

    Default Failure to Appear Misdemeanor Charge

    I accidentally missed a court date for an infraction, and got issued a warrant for failure to appear. I turned myself in last week and the officer told me that I now have two different charges: the original infraction, and a new misdemeanor charge for failing to appear. I have a legitimate excuse, and I know that failure to appear is if you Willingly do it, so..
    How do I handle this in court? Is the judge going to ask me for explanation at the arraignment, or will I only have a chance to explain myself and clear the charge if I plead not guilty for that charge? Also what is the usual penalty if i do get charged with it?
    Thanks for any advice.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Failure to Appear Misdemeanor Charge

    Laws vary by state...

    Quote Quoting unlucky1217
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    I accidentally missed a court date
    Quote Quoting unlucky1217
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    I have a legitimate excuse...
    Which is it? You accidentally missed it or do you have a legitimate excuse? It cannot be both.

    Quote Quoting unlucky1217
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    I know that failure to appear is if you Willingly do it
    Not necessarily true...

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Failure to Appear Misdemeanor Charge

    See if you can the misdeamanor dismissed via diversion or reduced to some type of infraction if possablie.

  4. #4
    Join Date
    Jul 2010
    Posts
    7

    Default Re: Failure to Appear Misdemeanor Charge

    I live in California. I missed it because my car broke down the night before the date when I was planning on driving up to my college town where I got my MIP. At the arraignment, should I plead not guilty to the Failure to Appear or should I attempt to talk to the judge about it then?

  5. #5
    Join Date
    Sep 2010
    Posts
    4

    Wink Re: Failure to Appear Misdemeanor Charge

    Quote Quoting unlucky1217
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    I live in California. I missed it because my car broke down the night before the date when I was planning on driving up to my college town where I got my MIP. At the arraignment, should I plead not guilty to the Failure to Appear or should I attempt to talk to the judge about it then?
    Hey I can tell you, courts are not contempt- friendly; it's a misdemeanor but to the judge it's an insult. Your absence interrupted the flow of daily court operation to the judeg. I would say pled not guily by circumstance. This might get the judge's attention, because he needs to know what you're saying/meaning. But if your car broke-down and you can not present a car tow bill or a repair bill of pick-up by shop ( the tap they give when your car's dropped-off with the court date on it not the day before; because you had sufficient time to make arrangement ,misdemeanors doesn't require legal rep. so you must show or call the judge's JA/Secretary. Outside of this you are guilty. I wish you luck.

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