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I have a family member whom has been arrested for a failure appear after he was clearly stated to return later that day.

Ocala, FL |

This is the first court date and charges ever against this individual. The persons vehicle was also at the courthouse clearly stating that my family member was present at that time. Since he is now in custody for an unwilling failure to appear I'm not sure what to do next.

Attorney Answers 4

Posted

Does your family member have a lawyer? If not, hire one. The court must show that your family member willfully failed to appear after being properly noticed.

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Posted

The first thing that you should do is to call a bail bond agency and see if you can bond them out

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Posted

See if you can bond him out. If not, get a lawyer to file an immediate bond motion and state the reasons to the judge why the FTA was not willful.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

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Posted

It sounds like your family member likely has already been to first appearance which is an opportunity to explain to the court that he was present. However, many judges add a "do not adjust" phrase to their warrants which will require you to go back before the judge that issued it. If that is the case and you can't otherwise bond him out, hire an attorney to work fast to file a bond motion stating all you just mentioned. If he's charged with a new charge of Failure to Appear, there would have to be proof that he willfully did so otherwise, the charge can't stand. With this being first charges, most judges are understanding enough to give an opportunity for release but without knowing more, it would be hard to determine.

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