I've had a court date for January 29th and I was incarcerated in Orange County Florida at the time that my court date was set for Seminole County I'm confused on what I need to do and what my consequences are going to look like
You need to contact your attorney right away and make sure that she knows that you were incarcerated. Deputies typically check the docket against a statewide law enforcement database prior to court so it is possible the court knew of your incarceration but sometimes folks slip by. This can occur if you were on bond in Seminole County but your Orange County arrest was relatively recent, If the court was aware that you were in jail then it most likely reset your court date and the State will file a petition for a writ -- basically an order to the Seminole County Sheriff to go get you from the Orange County Sheriff. If the court did not know about your incarceration then most likely the court found on the record that you failed to appear and issued a no bond warrant. Your attorney may want to file a motion to reinstate bond on your behalf. I say "may" because probable cause for a new law arrest is also a reason for a court to revoke your bond. Incarceration is a "valid excuse" but getting arrested is a valid reason to revoke. The bottom line is you need to speak with your attorney.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida. Florida Bar #676020.
If you can prove that you were in custody then any warrant that was issued for your FTA should be set aside.
What you should do is to hire a lawyer in Seminole County to gather and present proof of your timely Orange County incarceration in the hope of either getting the warrant set aside or arranging for a surrender in court.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
You need to hire a lawyer to file a motion with the court explaining why you missed court and ask for the warrant to get removed. Otherwise you will be taken into custody and either bond out if there is a bond or if no bond sit in jail until your case is resolved.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline