Legal Question in Criminal Law in Florida
Worthless
I was arrested on 4/20/07 for failure to appear for a worthless check. I was not aware that a check I wrote a year ago was not paid. I had moved to FL from IL and still have an IL lic. I was told that letters were sent to my old addresses which I have forwardiing from and were sent back to them unserved. I am working with my bank on finding more on the check. But who can I talk to or who can help me so that I will not have a failure to appear for something I did not know to appear for and a misdemeanor for a $22 check that I didn't know was returned. I am lost and not sure were to turn never been in trouble before.
Thanks
2 Answers from Attorneys
Re: Worthless
Hello: I just read your question, saw there is one response, but I don't have time to read that...and just want to give you a source in North Fla. Also, I used to work at our State Attorney's office and have handled Criminal Defense cases for about 17 yrs.
Yours is a simple matter. The State and the court will not get very worked up over a worhtless check case. There may be a capias in the system since you did not get the case resolved. When I handle these cases, I call the judge and ask for the capias to be withdsrawn and for the case to be put on the calendar so I can appear and enter a plea to get the case over. They want us to show a receipt that restitution for the check was made. If they won't drop the case, they will require court costs ($240.00) and the State Atty's office fee ($30.00). Usually, the Court will state it is Withholding Adhjudication of Guilt. This means it is NOT a conviction.
If your case was in Duval County and you would like to make some calls to the Clerk of Court or to the Check div. of the State Atty's office, let me know.
Good luck. If you need my office's assistance, let me know. Tom Rosenblum
Re: Worthless
You need to appear before the judge that issued the failure to appear in order to vacate any bench/arrest warrant that might be out for your arrest in Florida. I advise that you retain the service of an attorney in order to handle this issue as efficiently as possible.
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