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.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.
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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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.
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).
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.
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 (818) 597-0633/ (805) 496-7777
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.
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