Legal Question in Criminal Law in Florida
My husband was arrested for M1 battery while on vacation in Florida 2 years ago. I bonded him out of jail but he never appeared at his scheduled court date because we returned home to Ohio. We are planning on visiting Florida in July and would like to resolve the issue. I assume a bench warrant was issued for his failure to appear in court. Is there anyway to get this case moving again without him turning himself in on his bench warrant. I am wondering what the typical legal proceeding would be with a case like this.
2 Answers from Attorneys
Yes, this can be resolved without turning himself in, but not without an attorney. An attorney will likely be able to work out a plea offer with the state and do a written plea so that your husband will not have to come to court at all. If you would like to discuss this case further please feel free to call my office.
I would caution you from traveling to Florida while a warrant remains active, expecially if you are flying. I would also suggest you retain an attorney to enter into negotiations with the State Attorney's Office to ascertain what they are willing to do with the case. While something referred to as a written plea may be possible, it may not be in your husband's bet interest. The case is now 2 years old and the State may not be in a position to prove the charges against him or produce the witnesses necessary to even go forward with the case. As such, the entry of a plea should not be your first option. For more information, please feel free to e-mail me directly through my website.
www.CarstenAndLadan.com
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