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What is the typical penalty for a 1st time trespassing offense in Dade County, FL?

Fort Lauderdale, FL |

I was crossing FEC railroad tracks in Ft. Lauderdale and was stopped by an officer who wrote an arrest/affidavit to appear in court. Even though this happened in Broward, the paperwork he gave me states I must go to Dade Co. instead to court. On the report, I was charged with an ordinance. I dont reside in FL, so I have no way to attend this court date. What options do I have to resolve this matter?

Attorney Answers 4


  1. It appears as though you were provided with a promise to appear. Meaning that you were not arrested for the offense, instead you signed paperwork promising to appear before a Dade County judge. If you fail to appear a bench warrant will be issued. This is a minor infraction and I don't think it will cost you much to hire an attorney to appear for you in Miami-Dade county. I would call several attorneys in Miami and hire one to ensure that you do not receive a bench warrant.

    Please feel free to contact my office for additional information.

    Benjamin Fernandez, Esq.
    305-448-1033


  2. You need to hire an attorney and then they can try to handle it without you having to come back to Florida. There may be a venue problem if the alleged violation occurred in Broward and your being charged in Dade but that would have to be looked into by your attorney.

    Without reviewing all the facts and evidence, it is not possible to give a proper opinion regarding the liklihood of sucess of your case.


  3. If you fail to appear at your court date then the court will issue a warrant for your arrest. If you hire an attorney then the attorney can handle this matter on your behalf and you will not have to appear.

    From your narrative, it sounds as though you were given a promise to appear for trespassing. This is the same as if you were arrested but the officer made the decision to allow you to leave and just appear at a scheduled court hearing.

    There are many ways that your case could be resolved in your favor. The most important thing is that you ensure that you keep your record clean.

    My offices are located in Miami. Feel free to contact me about what options you have should you decide to retain an attorney to handle this matter for you.

    Best of luck.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  4. You can hire an attorney who will file a notice of appearance, and a written waiver of your presence.

    Then, a plea in absentia can be entered.

    http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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