Back in January of this year (2014) I was stopped and given a citation for DWLR. Though the officer could've arrested me, he didn't. My license was suspended due to being charged with a DWI which was dismissed, but the revocation was still on my record. I was given a court date and forgot about it. When I appeared for my next Mecklenburg county court date I was arrested for FTA. I paid a bondsman and was released from jail 12 hours later. I was told at the time that if I missed court again I wouldn't be allowed to bond out and I'd be stuck in jail until my next court date. I diligently went to my next three court dates and got a public defender. Since I'd already paid $2000 for a lawyer in Mecklenburg county, I didn't have a lot of money to spend on another lawyer. I was supposed to go to court yesterday morning (Dec 2nd) and completely forgot until I was leaving for work around 4pm (I work nights). Honestly I didn't realize that it was even December, I've been so sick for the past month and laying in bed in pain that I don't remember most of November. There isn't a real excuse though, I know that my irresponsibility has really cost me this time. I thought I'd learned my lesson, but I just can't seem to get on top of things right now.
My questions are:
-my PD has offered to go before a judge and ask him to strike the warrant. Is there any chance of this working since I've had a previous FTA on this same case?
-If I'm arrested on the warrant, how long am I likely to wait in jail?
-Is it possible that I'll be allowed to bond out?
-We had already discussed pleading guilty, so if I were to do that is there any way to avoid jail or shorten my stay?
I have already asked my PD most of these questions, but she really didn't seem to care very much or be very knowledgeable about the situation.I'm not sure if it makes a difference, but I don't have a criminal record. The only thing I've ever been convicted of was speeding and that was almost 10 years ago. I've been charged with DWI once but the charge was dropped.
This should be an easy fix. If you don't have a prior record, you shouldn't be worried about going to jail if you plead guilty. I think you might want to talk to your retained lawyer and see if he would be willing to help you on the PD case. One case will affect the other so you want to make sure they are handled properly. If your retained attorney will not handle the second case without more money, ask him to get in contact with your PD so they can coordinate the charges. Best of luck!
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
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