What to do if I was accused of a criminal misdemeanor that I did not commit?
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What to do if I was accused of a criminal misdemeanor that I did not commit?
Later then DA offered a plea bargain of a traffic misdemeanor class 2 (fictitious plates). I accepted it because that is what I had done. The judge ordered me to get fingerprinted within 10 days of the case. I showed up before the 10 days but could not afford it (I live below poverty and had over $200 in court fees to pay). It has been 2 months since the 10 days ran out and there should be a warrant out for me. Is there anyway to avoid an arrest or failing that not have this incident show up on my record?
Asked on May 23, 2012 under Criminal Law, Colorado
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
Because you have plead guilty to the misdemeanor offense, if you are not guilty and want to have a trial in the matter, this can only be done by withdrawing your guilty plea and having the judge accept your withdrawal which can be very difficult to do. At this point, it is likely that a bench warrant has issued for your arrest. I would either turn yourself in to the police to address the warrant, or go back to the sentencing judge's court and see if you can set a new court date to appear. If allowed to do so, simply explain to the judge why you never got fingerprinted and request that the judge sentence you in a way that will avoid you having a criminal conviction on your record if possible. Honesty is key in these situations when you appear before the judge.
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