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I was falsely accused for leaving the scene of an accident with injury to a pedestrian. 6 mos now and citation never filed.

Fort Lauderdale, FL |

I was falsely accused for leaving the scene of an accident with injury to a pedestrian. I was not at the scene of the accident when it happened and police reports and witnesses show that he was hit by a car that is totally different than the car I drive and I do not know of anyone that drives a car he was hit by, PO gave me citation 6 mos ago but, citation was never filed into the court docket. I appeared in court on the date stated on the citation but, clerk said nothing was entered. Told just to wait till it appears. Some lawyers I have spoken to said to file motions for dismissal and some said don't do anything until the citation is actually filed ! Any suggestions as what is the right thing to do ?

Attorney Answers 3


  1. Best answer

    Based on what you have related in your question, which obviously only provides very limited informatin with which to attempt to put together a response, it seems to me that the obvious choice is to DO NOTHING. THIS INCLUDES STAYING OFF ALL SOCIAL WEB SITES, OR BETTER STATED, REFRAINING FRO DISCUSSING THE MATTER ON ALL SOCIAL WEB SITES, as I see so many geniuses do on a daily basis. At the moment, you don't know why the matter did not appear on calendar on the day on which it was originally set. It is not your burden to advance the charges, or charges, against you. LSA w/ injury is not the type of incident that typically results in nothing more than a citation. Frankly, I am very surprised that you weren't arrested on the day in question. If you were not at the scene of the accident at the time of the accident, then I am assuming that you were not there when police arrived. You said you were given a citation.

    Please give me a bit more to work with by adding a comment to my answer, because so far what you have stated is self-contradictory.

    I'm wondering if you may have an outstanding warrant, but don't panic yet, just give me the information, and don't use names.

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  2. That is a question to ask of a local criminal defense attorney.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. It is tough to give you a complete answer. However, just from your comments I can tell you that the issue of Speedy Trial may come to fruition very soon. Again, it is tough to say without having the court file to review. You are certainly in a odd procedural situation, nevermind the obvious factual issues in your case.

    Please contact our office for a full criminal consultation and we can discuss options.

    Lastly, and most importantly, based on what you have described, PLEASE do not communicate with the court or the State in anyway without a competent lawyer

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