Can original charges be re-instated if a person fails to appear in court?

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Can original charges be re-instated if a person fails to appear in court?

My 24 year-old son is a recovering heroin addict. He stayed clean and sober for 5 months and then received anOUI. Due to that the one court ordered him into inpatient rehab for 30 days. He left rehab early of his own accord and missed the court date for the OUI. He wants to wait until after the holidays to turn himself in as he now has 2 warrants that have been issued for his arrest. He is keeping himself drug free, however my concern is if he waits that long to turn himself in,the courts change the original charges back to felonies (a they pled them down to the misdemeanor).

Asked on December 2, 2010 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that you are wise to be concerned here.  The rehab was a condition of the plea.  He violated the plea agreement and now they have issued the warrants.  Once you violate the plea agreement they can indeed reinstate the original charge and hold you to the sentence that it comes with.  Please get him an attorney to help negotiate his turning himself in and please do so as soon as you possibly can.  Do not wait until after the holidays.  You will be living on pins and needles until then and there is no guarantee that he will not be arrested before then. Then there will bo no holidays to speak of.  Good luck.


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