Can I avoid jail time for a failure to appear? 3 Answers as of November 07, 2017

I was pulled over for a DUI. I had been homeless at the time and borrowed a friend's car to go to work where I had lost my job later that day to downsizing and turned to alcohol. I was in jail for a misdemeanor DUI. I now have a failure to appear because I moved out of state with my fiance. I found a little money to start fixing my issue and I found out I have a failure to appear. I am very worried about returning to turn myself in, for fear of leaving my newborn daughter and soon to be wife alone for months in a state where I'm not incarcerated. Please if someone has free advice I could really appreciate it.

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Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
There are a lot of variables here like whether this is a first DUI offense, what county it is in, etc. It is possible that, if it is best for you, you might be able to work out a short jail sentence and end the whole thing like come to Colorado, turn yourself in, work out a 10 day jail sentence and case is completely over. But that depends on lots of variables. I would hire a lawyer in the county where the case was and see if they can work out things possibly without you even having to return to Colorado but if it is a second, third or fourth DUI, that will be much harder.
Answer Applies to: Colorado
Replied: 11/7/2017
Law Office of Robert E McCall | Robert McCall
There is no Yes / No answer. Judge has total discretion. Recommend you contact an attorney in the area of your arrest for information on the Judge handling your matter.
Answer Applies to: Florida
Replied: 11/7/2017
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present if the underlying charge is a misdemeanor, so it is less risky for you.
Answer Applies to: California
Replied: 11/7/2017
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