Failure to Appear

[cristian7]

What is the name of your state (only U.S. law)? Michigan Ingham County Mason.

Hello everybody i just have a question for you guys. I had a pretrial for MIP on april 26, 2011 but i missed the court date instead i went today which is april 27 the reason why i missed the court because of misunderstanding i wrote on the calendar that i have court on 27th instead of 26th (I KNOW IM DUMB). When i went there today i explained the situation and i was 100% honest with the clerk there was no reason for me to not go to my trial i dont know why it happened but nothing i can change now. So here what happened in the court they took me to the hearing room and the person there told me that now they gonna charge with two things 1)MIP 2) FAILURE TO APPEAR and he also said that i can face up to 93 days in jail (CRAZY ) this is my first time ever been in trouble with the law and i hope i can get that out of my background. I also asked the clerk for a free public defender but she said they don't provide one but in the hearing room other lady got an offer if she wants a public defender to present her case.

Do you guys think I can go to jail for not showing up on my court date? since its my first time will the judge go a little bit easy on me. And also why i cant get a free public defender from the court but that other lady got an offer from the court if she wants one?

Thank You

 

[cyjeff]

You can 100% go to jail for failing to appear in court.

Will you is up to the judge.

Judges really hate to be stood up. Forgetting is a really crappy excuse.

 

[cristian7]

cyjef

i know it is my fault but at least i went there today first thing in the morning and turned my self inn. in some cases i heard people went back after 7 years. I wish the judge would understand me what I'm going through and i didn't do that on purpose to not show up. sometimes it happens people make mistakes but why sending a person to jail for that? who never had any problems with law, no traffic tickets or anything.
If you have anything helpful to tell me please feel free to do so i would appreciate any good advices.

 

[cyjeff]

cyjef

i know it is my fault but at least i went there today first thing in the morning and turned my self inn. in some cases i heard people went back after 7 years. I wish the judge would understand me what I'm going through and i didn't do that on purpose to not show up. sometimes it happens people make mistakes but why sending a person to jail for that? who never had any problems with law, no traffic tickets or anything.
If you have anything helpful to tell me please feel free to do so i would appreciate any good advices.

You need to check that attitude.

Judges have this bizarre idea that you should have nothing more important to do than appear in court.

Failing to understand this focus can result in jail.

Honestly, the judge doesn't give a damn what you are going through. All he/she sees is a kid that drinks and doesn't pay the court the respect it deserves.

So far, you aren't doing well. The fact you showed up 24 hours late means nothing... unless, of course, you expected the court to let you go in front of all the people that were scheduled that day and did show up for their appointed time.

Then it means that you really do need an adjustment.

Court is important. More important than anything else you do.

 

[Isis1]

cyjef

i know it is my fault but at least i went there today first thing in the morning and turned my self inn. in some cases i heard people went back after 7 years. I wish the judge would understand me what I'm going through and i didn't do that on purpose to not show up. sometimes it happens people make mistakes but why sending a person to jail for that? who never had any problems with law, no traffic tickets or anything.
If you have anything helpful to tell me please feel free to do so i would appreciate any good advices.

i get what everyone is telling you. believe, i won't say they are wrong. but i'm going to give you the possibility.

if you are respectful, explain your error in less then 1 sentence without blathering excuses, the judge just MIGHT trust you enough to let this go. are you going to jail? maybe not.

"Your Honor, I apologize for being disrespectful to you and the court for my forgetfulness." that's it. and keep quiet until you are asked a question.

i did this myself once (much bigger crime) and the judge verbally laid it into me. i deserved it, and just stared at my feet. he gave me two options. suffer the consequesnces of my first charge immediately, or he would add on the violation of probation. i took the jail time and ran out the door. i was 4 days late to my status hearing.

 

[cristian7]

isis1 thank you for your advice. Do you think i should get a lawyer? i called to couple places today they asked for ridiculous prices anywhere from 2.000$ to 7500$ on of the lawyers told me he might charge me double since the judge in that court (55th district court ingham county) is super hard core. Now I am really scared to go there by my self and also when the court will ask me if I want a public defender or not since right now i cant afford one.

 

[mistoffolees]

isis1 thank you for your advice. Do you think i should get a lawyer?

I would ALWAYS get a lawyer when facing possible jail time.

 

[cristian7]

ugh i wish i could hire a lawyer but i cant afford one at this time and they not even interested with a monthly deal .... what to do !!!!!!!!

 

[Ohiogal]

ugh i wish i could hire a lawyer but i cant afford one at this time and they not even interested with a monthly deal .... what to do !!!!!!!!

Ask for appointed counsel. Call the clerk and ask the process for appointed counsel.

 

[mistoffolees]

Ask for appointed counsel. Call the clerk and ask the process for appointed counsel.

Yep. NEVER face potential jail time alone. Appointed counsel isn't great (even though many of them are great attorneys, they're just too overworked), but it's better than going it alone.

 

[cristian7]

ok i will contact the court about it. there is other reason why i don't wanna face the judge alone because my english isnt good enough to talk with good vocab words even if i say one thing wrong i could end up in jail..

 

[Isis1]

ok i will contact the court about it. there is other reason why i don't wanna face the judge alone because my english isnt good enough to talk with good vocab words even if i say one thing wrong i could end up in jail..

Look, i'm not saying this to devalue anyone's advice. Not at all. I went without an attorney because I fully accepted my wrongdoing as my responsibility and had no excuse for my crime. I was facing 15 days in jail. With a probation violation, that would have been 30 days. The prosecutor was an angel. He pulled me aside and gave me what he was going to recommend and I took it. I have no intention of ever seeing that judge, that prosecutor, or that courtroom again. Even now, 7 years later.

You being so young, inexperienced, I'd keep looking for an attorney. But do it quickly. Every day that goes by, is only going to make the judge angrier.