Q: I have a DWI and Failure to Appear charge from 2018 in Virginia. What are my options to resolve this without jail time?
In November 2018, I was charged with a DWI 1st in Virginia and soon after was admitted into a mental health facility for bipolar depression and anxiety. I was unable to attend my scheduled court date and was subsequently charged with Failure to Appear; there is now an outstanding bench warrant. I have since become a husband, father, and business owner, and my criminal record has significantly impacted my career opportunities. I am seeking ways to address these charges without jail time, as I now live in Connecticut. What options do I have for resolving this matter in Virginia?
A: You’ll need to come back to Virginia to turn yourself in to start the process. A local DUI attorney will be able to do a full evaluation of your case, but nobody can tell you whether or not you’ll get jail time. You’re definitely looking at active jail time for a DUI and a failure to appear that every case is unique.
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A: I would certainly gather documentation showing the admission to and discharge from the facility. It would also be wise to consult with an attorney who practices regularly in the jurisdiction where this all occurred. They might be able to give you some insights into the standard penalties for the facts of your case, and if hired could also work to make sure you're released on bond pending the trial/plea hearing. What you don't want to happen is to drive down to Virginia and be held without bond due to the failure to appear and your out-of-state address.
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