A warrant for failure to appear on a felony is much more difficult to set aside then the same on a misdemeanor case. In most cases you will be required to appear and surrender on the alias capias warrant. A letter to the judge won't do it and may not even be read because it is considered an Ex-parte communication. You need an attorney to negotiate something Ahead of time for you with the assistant state attorney, and possibly submit a stipulated motion and order for the judge to consider. Otherwise, your attorney will set a hearing date and have you appear for the purposes of considering not taking you in and quashing the warrant.
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.
What is the question you wanted to ask? You do need an attorney for the violation of probation that has apparently been filed.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
You can discuss these variables, confidentially, with a local lawyer and not waive any of your rights or risk another learning about them- like you may in this forum. We'd recommend you email or give someone a call.
Avvo has an excellent "find a lawyer" tool to locate a top-rated attorney near you who offers a free consultation. Hopefully, someone here can help you get some more direction. Good luck!
Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.
Please refrain from posting what you did or did not do on this public forum; it could really hurt your case. You should move to vacate your capias (bench warrant), an attorney can help. Best of luck.
Please note, the above answer is for general informational purposes only.
It may be possible to take care of the warrant without you appearing. It depends on the circumstances of the case and how the prosecutor treats the situation. The sooner you take care of it the better. If you would like feel free to call my office.
This post does not create any type of attorney-client relationship.
You stated that you had to go back to court to which appeared to be a PTD rejection? When you are rejected from PTD, your case goes back to the docket as if PTD was never offered. It seems, from what you are explaining, that you were allowed to be reinstated to PTD in order to complete your treatment, but you received a new notice. Were you re-noticed because you did not complete the treatment and you were again rejected from PTD? If that is the case, your presence at the PTD rejection was critical, and now that a warrant has been issued, I would recommend hiring a lawyer who can do a proper motion to quash the warrant, since you did not receive proper notice. Once the motion is heard and all evidence shown to the court, the judge may remove the warrant and put your case back in the docket. You indicated that you did not want jail time. Once your case gets set back in the docket, you will receive a new offer from the State, but whether jail time will be included in that offer will depend on the case, the facts, the evidence available, and your criminal history, if any.
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