Failure to Appear

Wark

Greenlighter
Joined
Oct 2, 2009
Messages
8
So, roughly one year ago, i was given a ticket for Posession of paraphernalia. I made my court date and received an SIS (suspended imposition of sentence) and a court order to pay a small fee and complete 15 hours of service.
I failed to appear on my summons to pay the fee, so a warrant was issued. I also failed to complete the community service.

So, what should I expect if I call the court and tell them I want to clear things up? Is there any way to keep my record intact? Will I need an attorney?
 
So, roughly one year ago, i was given a ticket for Posession of paraphernalia. I made my court date and received an SIS (suspended imposition of sentence) and a court order to pay a small fee and complete 15 hours of service.
I failed to appear on my summons to pay the fee, so a warrant was issued. I also failed to complete the community service.

So, what should I expect if I call the court and tell them I want to clear things up? Is there any way to keep my record intact? Will I need an attorney?

What was your sentence that was suspended? A lot of times it will be like a several thousand dollar fine and/or jail time that is suspended ONLY if you pay your small fee and complete the community service. What were you thinking, man? You had it easy, but by not fulfilling your end of the deal the judge is probably gonna throw the book at you. Yeah, it wouldn't hurt to talk to a good lawyer and tell him your situation.

Sorry :(
 
Ugh. A SIS. Yeah, what happens with that is that once you fail to appear, or violate the terms of the agreement of your suspended imposition of sentence, you'll have to re-appear. Now, the judge has the authority to modify and impose the suspended portion of your sentence - however long that was - which means you could even end up having to serve that time in jail or prison as he or she sees fit.

Usually, in my experience, they allow you the SIS/SES, as a "second chance." If you can satisfactorily complete the probation, treatment, random UAs or whatever other requirements set forth by the courts, there's a chance they'll reduce your sentence to a misdemeanor offense, or remove it from your record entirely, however, each state is different so I can't really be more specific.

Maybe there's a chance they'll let you reschedule it, and / or work out a payment plan, but that isn't likely since you failed to complete the community service and apparently didn't pay the fine or "show cause" as to why you couldn't pay it at the designated time. I kinda think they're going to wonder why you didn't prioritize a little better, since you're the one who has stuff to lose in this situation. :(

In all honestly, you might want to speak with an attorney and find out how to best handle this situation. A professional opinion never hurts.

If I were you, I'd contact the clerk of court wherever you were sentenced immediately. She'll know how to proceed from there and help get you back on the dockett and give you a new court date. That should get the ball rolling if you're looking to get this matter resolved.

I also don't know that you can keep your record intact at this point. I think they're going to look at your situation like they gave you a slap on the wrist, and it's been a year. You could have already put this matter behind you in this period of time. As far as they're concerned, you had every opportunity to make good on this a year ago, and didn't. Try to see it from their point of view. You never know, though, you might get lucky, they might be willing to work with you, but in prison, when it's time to face the music, they say, "Expect the worst, and hope for the best." I think that's the most appropriate advice I can give you in this situation.

Good luck.
 
Yeah, it's best to take care of this as soon as possible, rather than waiting to be hauled in at an inconvenient time, like after a traffic stop. How the court handles this is going to depend on the judge and your locality's practices. I agree that calling the clerk of court is a good place to start. If it looks like there will be additional penalties, it could be in your best interest to get in touch with an attorney as well.
 
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