If you have an FTA for a 3rd dui how long do you stay in jail

Asked about 1 year ago - Los Angeles, CA

when your turn yourself in, i know you have to stay in jail before you go to the judge. when you go before the judge do you get jail time added for your original case for the dui. lets say the judge gives me 180 days in jail. and for the failure to appear how much jail time can be added for the FTA? what is the usual FTA sentence that a judge can give you?

Attorney answers (8)

  1. Troy Slaten

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . You should really speak to an experienced and qualified DUI attorney ASAP.

    There is no set amount of time that a judge will give for failing to appear in court. It's possible, that there will be no additional time for failing to appear.

    It all depends on the judge, the court, the prosecutor, and how long the warrant has been outstanding.

    All of that being said, a third offense DUI is very serious. However there are many possible please and defenses available. Only an attorney who concentrates on DUI will be best suited to handle a complicated case like yours.

    Most of us here on a AVVO will give a free consultation. Call some lawyers. You have nothing to lose.

    Good luck!!!

  2. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . You don't ever have to go to jail, possibly. If you get your warrant recalled and quashed, you may not have to do jail time for failing to appear. However, it's very fact driven.

    Elliot Zarabi
    www.TipsyLaw.com
    213-612-7720

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I... more
  3. Hudson Thomas Bair

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . Once you turn yourself in for a failure to appear you may have bail set in accordance with the county bail schedule or you may be held until you can be brought before a judge. The length of time you may serve will be limited by several factors, how much time you owe on the offense, your maximum sentence, whether you also violated probation on a prior offense (still on probation for DUI number one, two or both). Your answer to these questions will determine your "maximum" exposure. An attorney in the jurisdiction where your case is filed can definitely help you answer these questions AND may be able to help you beat the third DUI, leaving with a probation violation (if that is even an element of this question).

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Get an attorney. It may be possible to avoid additional time for the fta. There is mandatory jail time for the 3rd DUI. With over crowding in the L A jail you may be very fortunate and get out in a short time.

    Andrew Roberts

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  5. Daniel Nelson Deasy

    Contributor Level 20

    9

    Lawyers agree

    Answered . There is no sentence for FTA.

    Your history and conduct dictates a sentence.

    Talk to a criminal defense attorney about your situation and get it squared away!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Michael James Kennedy

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . Very often, if a person puts the FTA matter on calendar himself, instead of waiting to be picked up by the cops, he will not be placed in custody at all, and with jail over-crowding, there is slim likelihood of custody for the FTA to be imposed on the top the stiff custody available for a 3rd time DUI [120 days minimum]. One should remember, though, that if sufficient advisals have been given, an FTA on a felony case is its own separate and distinct felony that CAN invite consecutive sentencing.

  7. Christopher Irvin Simser

    Contributor Level 19

    7

    Lawyers agree

    Answered . As my colleagues suggest, speak to an experienced DUI defense attorney quickly. He or she can negotiate the disposal of, and your appearance on, any warrant that has been issued. This will decease the chance that you will have to spend time in jail, at least for now.

  8. William Peter Daley

    Contributor Level 17

    5

    Lawyers agree

    Answered . There is no "usual" FTA sentence.

    Tel: 619-238-1905 - www.lawofficeofwilliamdaley.com - William Daley, Attorney and Counselor at Law

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