An aqcuaintance says he signed a cruz waiver to get out after being in jail for 4 months and surviving 2 attemps on his life. He was 18-19 years old at the time.
The charge was rape, no witnesses, from his old girlfriend. He was to serve a 3-4 year prison term. Fearing for his life, he never showed up for his prison term. This was 18-19 years ago. He is living under an assumed name, has never had any other problems with the law. Is there any way he can work this out without going to prison? He is a family man and has excellent references from employer and community. This all took place in the Los Angeles CA area. If something can be done, approximately how much would legal fees be?
2 Answers from Attorneys
Your friend needs to talk to a local lawyer. Most lawyers will give an initial consultation for free. At that point a plan of attack and future fees can be discussed.
"Work this out without going to prison" on an un-served prison sentence, failure to appear, and flight to avoid arrest -- without involving prison time???
He has a felony arrest warrant outstanding. That's why he has been hiding. To handle a warrant, you must turn yourself in to the issuing court, with or without an attorney.
At that point he is almost certain to be taken into custody, regardless of the sad story about fear, etc. He will not get a 'do over' on his original sentencing, but his attorney will TRY to get a decent deal on his new charges, and TRY to seek a modification of sentencing based upon all the sympathy factors he can credibly raise.
If serious about hiring counsel to help in this, feel free to contact me. Otherwise, he can continue to 'run and hide'.
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