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What is the process for quashing a warrant in the state of Florida

I bounced a 30 dollar check at a grocery store in March 2008 in Florida. I was not aware that it had bounced and in July 2008 we moved to North Carolina. In the end of August I recieved a letter from the State Attorney's office ordering me to appear in court in the first week of September. I made restitution on the check immediately and faxed all of the information to the secretary who in turn gave it to the judge. Since I could not appear because I live so far away and I am the only one working and could not take the time off the judge issued a bench warrant anyway. It says on the website that my bond is 5,000. How do I go about clearing all of this up without having to make the trip down to Florida? If I get pulled over for a traffic violation here in NC, will they find my misdemeanor bench warrant and take me to jail? Thank you.

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Attorney answers (1)

Reputation Level 8
You may be in luck.

In Florida, a defendant is not necessaily required to appear in court to address a misdemeanor charge. An attorney can represent you and resolve the matter in your absence. That being said, you must still get the court's permission to do so. The likelihood of whether or not a judge will grant that permission varies greatly from one jurisdiction to the next, and depends on: how long ago the failure to appear occured, how many prior offenses are on your record, how many times you have failed to appear in this or other cases, the severity and complexity of the offense, and other considerations.

Whlie it's highly unlikely that they will arrest you and have you extradited to Florida for a warrant on a misdemeanor case, there is the danger of getting arrested for driving on a suspended license in NC. When you failed to appear in Florida, along with the warrant, the judge would have issued a license suspension, which an officer in NC may be able to see when running your records.

The best thing to do is to consult with a local attorney in Florida who can bring your case to the court and try to get it resolved as quickly and painlessly as possible.

I handle criminal matters in all of South Florida, from Lee to Palm Beach County, and as far south as the Keys. Feel free to view my profile, or contact me at 1-866-649-5398.

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