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What is the jail time for a warrant for failure to appear in Florida?

Melbourne, FL |

My boyfriend got arrested this morning for failure to appear. His public defender told him that he was going to waive his appearance and when we didn't hear back we called and they said he had a warrant. Now my boyfriend was going to call monday and turn himself in even though it was not his fault but they came to get him instead. The court was for driving with a suspended license and possession of Paraphernalia. But he only missed his court date because his public defender told him that he would waive his appearance. So I was wondering how long will they keep him in jail more than likely and will he be able to bond out?

Attorney Answers 2

  1. If the failure to appear was for two misdemeanors then you may not have to stay overnight if your county jail allows for a booking and immediate release procedure in which you are at the jail for one or two hrs for booking/processing then you get a new court date and are released.

    Some counties allow defendants to walk into the court room "off calender" and ask the judge to recall the warrant and set a new court date while the clerk is "on the record" in the courtroom. You can probably arrange this with your PD and the judges assistant and pick a day to "turn yourself in" in the courtroom in order to tell the judge you thought your presence was waived. Its better to do this when your PD is in front of that judge as well so he can explain his/her side. If your PD says you cannot do this then your county probably doesn't allow for that type of procedure as many counties do not allow this. However, it is routinely used in larger counties with heavy caseloads.

  2. I recommend you contact your public defender or a private attorney asap. More likely than not, a bond will be available, but you should consult with your attorney to assist with this matter. You should not have to shell out more money on the bond if this was not a willful failure to appear since you were following the instructions of your attorney. The jail will either attach a bond, release him on pretrial release or you can have your attorney assist in having him released without having to post a bond.

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