Legal Question in Criminal Law in Florida

Re: Missed Court Date

If your lawyer is not willing to do a motion to recall capias then he must turn himself in. Some judges will not hear these motions and you must turn yourself in.

Re: Missed Court Date

If your lawyer is not willing to do a motion to recall capias then he must turn himself in. Some judges will not hear these motions and you must turn yourself in.

Re: Missed Court Date

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 the public defender will not file the appropriate motion to rescind whatever action was taken at the hearing your son/daughter missed, then he/she should appear immediately in open court to explain to the court what happened. Failing such, he/she will have an arrest warrant eventually issued and may get arrested when he/she least expects it such as a traffic stop. Further, some judges will then keep the person in jail pending the trial as a punishment or by saying that they are a flight risk.

Scott R. Jay, Esq.