Legal Question in Criminal Law in Florida

Failure to appear?

When I went to renew my DL in WV I discovered I have a warrant for failure to appear in FL after some inquiry I learned it was because of a $75 bad check in 2001. I live in WV and work full time. I cannot leave to go to FL for this. I have tried to get FL to transfer the warrant to WV but they refused. I have written the judge that issued the warrant and asked if there was any way to deal with this that did not involve me coming to FL, which I cannot do without the possibility of loosing my job. I have yet to hear back from the judge and they received my letter on 2/25/08. What should I do, I am trying to resolve the issue; I have asked to pay the fines, they refused, I asked to turn myself in at the local sheriff office they refused saying I need to come 1500 miles to FL over a 7 year old $75 bad check. Any advice you could offer would be greatly appreciated. Thank you


Asked on 3/03/08, 10:32 pm

3 Answers from Attorneys

Leland Garvin Garvin Law Firm

Re: Failure to appear?

If you were to hire a lawyer here in Florida they could appear on your behalf. The lawyer could file a plea in your absence and since it is a misdemeanor you might be able to resolve it over the phone.

This would take a little finesse and would require the judges approval; but it could be done

There is always a chance that the judge would want to see you but if your lawyer did it right at least you wouldn't be taken into custody.

Give me a ring or email if you have any other questions or would like me to look into your case any further.

Good luck

-Leland

888.524.2426

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Answered on 3/03/08, 10:57 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Failure to appear?

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.

Your best course of action would be to retain an attorney in the jurisdiction where the case was filed. The attorney should be able to get the court to reopen the file and enter a plea in your absence. You may need to sign authorization for the attorney to file a plea on your behalf. It will be costly but far less costly than getting arrested when you least expect it due to the open warrant and having to sit in jail until you then get an attorney to do take care of the case for you at that time. If you do it now, you avoid an embarrassing arrest and you can hire an attorney you are comfortable with rather than the one you can find on an emergency basis.

Scott R. Jay, Esq.

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Answered on 3/03/08, 11:44 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Failure to appear?

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.

Your best course of action would be to retain an attorney in the jurisdiction where the case was filed. The attorney should be able to get the court to reopen the file and enter a plea in your absence. You may need to sign authorization for the attorney to file a plea on your behalf. It will be costly but far less costly than getting arrested when you least expect it due to the open warrant and having to sit in jail until you then get an attorney to do take care of the case for you at that time. If you do it now, you avoid an embarrassing arrest and you can hire an attorney you are comfortable with rather than the one you can find on an emergency basis.

Scott R. Jay, Esq.

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Answered on 3/03/08, 11:45 pm


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