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legalgems, Lawyer
Category: Criminal Law
Satisfied Customers: 7083
Experience:  Just Answer consultant at Self employed
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I just missed my court date I caught a flat on the way I am

Customer Question

Hi Pearl I just missed my court date I caught a flat on the way I am currently 30 mins late for my arraignment for petit theft its my first offense and iam calling the deputy clerks office but I keep getting the automated service saying to call back when I'm less busy
JA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?
Customer: Miami Florida I got a ticket for shoplifting at Walmart the merchandise was around 60 dollars
JA: Have you talked to a lawyer yet?
Customer: No I haven't I was going to get a public defender and hopefully get dealbfor diversion program
JA: Anything else you think the lawyer should know?
Customer: Its my first offense as side for a few mild traffic infractions I have clean record and my arraignment is today I just want to know is their to reschedule my arraignment
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Criminal Law
Expert:  legalgems replied 3 months ago.

I am sorry to hear this; first it is important to have evidence of the flat (a tow receipt, picture etc)

Then keep trying the clerk until you get a hold of them.

These are the options:

1. see if the judge, sua sponte, reset the arraignment (this is common for misdemeanors). If so, get the new date and be sure and appear

2. call clerk and find out if there is a bond on the warrant (warrant for arrest due to no show). If so, one can surrender to the sheriff's office and post bond

3. file a motion to surrender and appear in court and ask the judge to vacate the warrant and reschedule the arraignment

if you don't have an attorney it is important to go to the law library and look at Matthew Bender's motions (it is a volume set) as they will have samples there.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Checking in on the above;

Thank you for using Just Answer.

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