Legal Question in Criminal Law in Florida
capias warrant
my trial date was set for 8/27/07 my i appeared but we were told to leave due to another trial being called ahead of ours. the trial was reset for 8/30/07. i did not receive any notification.
capias was issued? I have a hearing set for 9/11/07. question is...is the judge going to try and send me to jail at this time or just reset the trial date?
1 Answer from Attorneys
Re: capias warrant
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you explain to the court that you appeared for the originally scheduled hearing and never received any notice for the rescheduled hearing, then you should be able to convince the court that your not appearing was not your fault. The chances are that the court will reset the trial date, although this largely depends on how you present yourself, what the charges are and whether or not you have previously missed scheduled hearings in this or other cases.
Scott R. Jay, Esq.
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