Legal Question in Civil Litigation in Florida

Arraignment

My son lives out of town in Texas. He came to Miami for a friends wedding and was driving his friend�s car when a person pulled a U-Turn in front of him and he had a very minor accident. He did NOT receive any tickets, however he had not finished a previous Drivers School appointment and also his FL license was expired because he lives in Texas now. He was arrested for driving with suspended license and for not finishing his Driver School.

He finished his Driver School Course online that same day. He received a �Certificate of Completion�. He paid the $47.50 reinstatement fee also. He also received a �D6 Clearance�. I have all documents here in Miami. Does he need to be at the arraignment or can I just go and show the Judge all his clearance papers? It would cost over $600 for him to fly in for just that one day - March 21, 2007, this Wednesday. He is only 23 and really doesn't have that kind of money since he just came in Feb. and spent over $600 plus the wedding gift and etc.. This is only an arraignment and not an official court date.

I did have to post bond for him ($500) while he was here to keep him out of jail. He has never been arrested before this. Please advise.

Worried Father


Asked on 3/20/07, 4:58 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Arraignment

Suggest you speak with counsel familiar with traffic court matters.

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Answered on 3/20/07, 6:35 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Arraignment

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.

Only a licensed Florida attorney is able to appear for another in court. I would strongly suggest that your son retain a local attorney to represent him at the arraignment and possible resolve the entire matter at that time. If you appear without counsel, he may be found guilty for failure to appear.

The cost for an attorney to appear in traffic court is generally very reasonable. If you need further information, please feel free to contact my office.

Scott R. Jay, Esq.

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Answered on 3/20/07, 8:48 am
Johm Smith tom's

Re: Arraignment

Mr. Jay is correct; when you're in trouble with the law is not the best time to try to save money by taking unnecessary risks.

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Answered on 3/20/07, 9:40 am


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