Can we avoid prosecution and receive a lesser judgment?

Posted by Michael Franklin

Additional Information: My daughter is charged with grand theft auto, first time offense in MA. She has no prior criminal record, and is bipolar and did not return a rental car. She is now living outside of her hometown of Worcester where a warrant was issued for grand theft auto by the car rental place. Is it possible for an attorney to appear on her behalf? Could she possibly avoid prosecution and receive a lesser judgment? Her meds have stabilized her condition and she is living with my sister and just started a new job.

It is only possible to have an attorney appear on your daughter’s behalf to remove the warrant if she can provide the attorney with a letter from her treating physician or psychiatrist to corroborate that she is unable to appear due to her medical or psychiatric condition. However, an attorney can make arrangements with the Court and the District Attorney’s Office on your daughter’s behalf to schedule a future date when your daughter can appear to ensure that when she appears the Court and prosecutor are ready for her so the matter could either be resolved on that date or the matter could be moved along in due course if a resolution could not be achieved. Otherwise, if your daughter were to appear without notifying the Court or the prosecutor, she could be held on bail and the matter may simply be continued to a date when the prosecutor will be ready for her.