So in 2005 my husband did not pay a traffic ticket on time. A month later he is pulled over and received another ticket for driving on a suspended license without knowledge. B/c it was w/o knowledge it was a traffic ticket without a need to appear for court. We pay both tickets and get his license reinstated. Now during a DUI checkpoint (which he didn't get), a cop finds the capias and arrests him. He said it was strange bc it wasn't attached to a case, just the charge. Also, it should be noted we've vacationed out of the country, been pulled over in the last 13 years. Could this be a clerical error? Or do I need an attorney? Can't believe my spouse is in jail!!
Q: "Why does my husband have a capias out there for a 13 year old paid driving while suspended tkt? Duval county just arrested him.?
A: I explain to you what the cops did what they did not do in your husband's case in any event the bottom line is that you are asking the wrong question.
Whether the cop was legally right or wrong is a not for either you or me to decide. That decision is left to a Judge.
The question that you should be asking is "now that my husband got a arrested what am I going to do about it?", and in that regard I strongly urge you to HIRE A LAWYER (caps intentional).
Internet lawyers can't and won't fight your case for you, nor can or will we five you a crash internet course on criminal defense, criminal procedure, the rules of evidence and the art of cross examination.
If you want to increase your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.
Wishing your husband luck and hoping that I have been helpful in answering your question.
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Yes, you will need an attorney to assist due to the criminal nature of the charge and therefore the need to avoid a criminal conviction for this potential mistake. Contact a local attorney here in Jacksonville to start contacting the state attorneys office to have this case handled quickly to ensure it is cleared up prior to any upcoming court dates.
The answer here cannnot be deemed legal advice. It should only be used as a guide, and not meant to convey any true legal opinions.
There is no statute of limitations on warrants in this ward has probably been chasing him for thirteen years. He should hire a Florida criminal defense attorney ASAP. Asking why the cops arrested somebody does not accomplish anything. There are no magical legal terms that any attorney can chant and get somebody out of jail. Legal work takes research and is very fact intensive. I do not know whether the wort was valid or not, and no lawyer on here will know either. You must hire somebody to fully investigate the case and use all his legal skills and knowledge to try to resolve it.
My posts aren’t legal advice and I'm not your lawyer unless we both sign a contract for legal services. Every case is different and requires much more analysis than a few sentences on Avvo to analyze your legal needs. Please arrange a consultation with a lawyer who practices in this area of law. Thank you.
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