Kelz1973

Felony Failure to Appear

4 posts in this topic

My husband was charged with felon in posession of a firearm, which he can beat due to sloppy police work. He got a felony failure to appear because he didn't show for jury selection. The DA knows he can beat the gun charge so is charging him as a habitual with the failure to appear and is trying that BEFORE the gun charge. If he beats the gun charge won't the other be dismissed? And can they legally try him for the FTA before the gun charge?? Please help!!

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What does his lawyer say about this?  Since the twocharges are totally unrelated, in that theydo not involve the same issues or fact, there should be no reason why they cannot be tried separately and at different times.

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But he received the failure to appear for not going to the jury selection of the gun charge. So they are related. His lawyer is a public defender Nd is not fighting for him at all but I have spoken to others and they say for a small fee of ??? They can get him off of both but we don't have that money. 

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Jury selection happens at the start of trial, so it sounds to me like his case involving his gun charge was scheduled to start trial and that's what he failed to appear for.  Did that trial get rescheduled?  If so, when is it rescheduled for?

 

As for your questions, no, beating the gun charge will not result in the failure to appear charge being dismissed, and yes, he can be legally tried for the FTA before the gun charge.

 

Hopefully your husband will start learning better regard for the law.

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