QUESTION
For an FTA charge what are the chances of me going to jail and for how long?
Asked on Oct 15th, 2012 on DUI/DWI - Colorado
More details to this question:
I have a FTA on a DUI case where I withdrew my guilty plea and plead not guilty. I then missed my new trial date. When I went to court they told me my BAC was .084 so I plead guilty. I later received my blood results and then the complaint against me. My blood BAC was .06 and the .084 was my pas BAC, that is why I went in and withdrew my plea. I had a public defender, but my case kept being continued and the PD would transfer out and a new one would transfer in, communication was inconsistent. I had a court date in June that I missed and assumed that my PD would continue it as before, I found out later that I had a bench warrant for the FTA. I am in the location to take care of it, but am wondering what are the chances I can go to jail and for how long? Thank you for your advice.
7 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is entirely up to the judge; however, the longer you take to get the issue resolved, the more likely the judge will be to set a high bail, which you will have to post in order to get out of jail before your trial. The case is pending. It won't go away. Take care of it.
Answered on Oct 18th, 2012 at 2:31 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You have good facts. Contact a qualified DUI attorney, get the FTA warrant withdrawn and be strong.
Answered on Oct 18th, 2012 at 6:10 AM
Gary Moore
If Roget about going to jail. Call the court and explain. You need an attorney.
Answered on Oct 17th, 2012 at 9:19 PM
With your set of evidence you should not be pleading guilty to a DUI at all. You need to hire a DUI specialist, who can go to court without you to recall the warrant. That's a lot better than you showing up by yourself and being remanded into custody. The statutory max for a 1st DUI is 6 months in county.
Answered on Oct 17th, 2012 at 9:15 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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That can really vary depending on the court you are in. The sooner you handle this matter the better. You may want to consider hiring a private attorney to handle this case as it sounds like you are having some issues with the public defenders office. Based on what you wrote, this is a case you should fight, not just plea to a DUI.
Answered on Oct 17th, 2012 at 3:28 PM
Michael J. Breczinski
If you walk in to the court and surrender on the bench warrant the chances are a lot better to walk back out, than if you are arrested and brought to court by the police.
Answered on Oct 17th, 2012 at 3:13 PM
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Typically you only stay in jail until you bond out - find out the bond amount from the jail and be prepared to post it - if you have a good excuse for the FTA, be prepared with documentation BAC of .06 if often pled to a non-alcohol (non DUI and non DWAI) offense.
Answered on Oct 17th, 2012 at 3:11 PM