I was supposed to be in court this morning and showed up. I am 6 months pregnant and became sick and was unable to stay. If I have a failure to appear could I sign myself out since this is the first time I have ever not showed up to court? Would I need to bring proof with me that I am pregnant?
If your case was called and failed this morning then the court would have issued a warrant for your arrest (assuming it was for something more serious than an infraction) and the judge would have set a new bond. Whether you can sign yourself out depends on what kind of bond was set in court, but probably it was at least secured or maybe a cash bond, meaning that you would have to post money to be released. The only person who can change this is the judge, so you would probably do well to either get a lawyer to help you fix this and perhaps keep you from having to go back to court, or to go back to court yourself with some documentation of what happened and see if the judge will recall the warrant and reinstate the original bond. If you turn yourself in or are served with the warrant first then you will be bound by whatever was set when you were called and failed.
No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.
Attorney Welch is dead on. Hire an attorney so that he or she can handle getting the call and fail stricken or go it alone with your documentation in tow. As he stated, you want to move quickly because if you are served before you remedy the C&F, you will be required to pay money to get out of jail.
Best of luck!
The response to your question was prepared by the Law Offices of Raushanah F. Rodgers, PLLC for informational purposes only. Before you make a decision that may have legal implications, you should consult with a qualified legal professional to obtain specific legal advice tailored to your situation. Our response is not an invitation to enter into nor does it create an attorney-client relationship. Our response may be considered advertising under the North Carolina, New York and or Virginia Rules of Professional Conduct, all of which are applicable to our legal practice.
You should consult with an attorney. You will most likely have to add the case back onto an active court docket and you might even have an order for your arrest. your pregnancy may be a factor in getting a judge to strike the order for arrest but you need a lawyer in order to do so properly.
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