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florida dui and drugs attorney
The legal significance of a Notice to show up is equivalent to an arrest. When you have been
served using a Notice to seem it is crucial that you realize exactly what the notice means and
what steps you should take next.
Authority to get a Notice to Appear
A Notice to seem in a criminal case in Florida is nearly the same as a Summons in the civil case.
Unless an officer is concerned the accused will never appear, poses a menace to everyone,
should not be identified, or possibly is wanted in another jurisdiction, an officer offers the authority
to forego an arrest and issue a Notice to show up instead once the criminal offense involved is
really a misdemeanor. The authority for issuing a Notice to show up comes from Florida Rule of
Criminal Procedure 3.125 which reads, in pertinent part:
"If a person is charged with an offense declared to be a misdemeanor of the first or second
degree or possibly a violation, or is charged with violation of a municipal or county ordinance
triable from the county, and demand to get taken before a judge is not made, notice to seem
might be issued by the arresting officer…"
Jacksonville dui lawyer
If the arresting officer will not be convinced which a Notice to seem is enough and proceeds to
make a genuine arrest, the Booking Officer also has the authority to decline to officially process
the accused in the jail and issue a Notice instead after additional investigation.
How Does a Notice to look Work?
If your police force officer decides to issue a Notice to show up rather than arrest someone the
officer must secure the accused's signature on three of your four copies of the Notice. The fourth
copy is retained through the accused. A couple of the signed copies are then made available to
the Clerk of Court who then forwards one copy to the State Attorney. As soon as the copies have
been delivered the accused is known as formally involved in a criminal offense and should show
up in court at the designated some time and place indicated on the Notice to show up.
Failure to Obey a Notice to Appear
Because a Notice to seem is equivalent to a judge ordering you to definitely appear to get a court
hearing, a warrant for your arrest will be issued if you forget to appear on the designated time as
well as place indicated on the Notice. In addition, you may be convicted of the offense that the
Notice was issued. When you fail to appear you lose the authority to defend yourself from the
charges filed against you. Moreover, the prosecutor may request whatever sentence she or he
feels is appropriate for the conviction without the input from you and your attorney.
What you can do In The Event You Be Given A Notice to look
If you are given a Notice to look you have to bring it seriously. Carefully browse the Notice so that
you comprehend the charges filed against you together with where and when you have to appear
for court. Afterward, contact an experienced Florida criminal defense attorney to make sure that
your rights are protected throughout the prosecution of the case.