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I have a question about a capias warrant that was issued for…

Customer Question
I have a question...

I have a question about a capias warrant that was issued for me

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

No i dont think so i missed my court date by accident

Lawyer's Assistant: In what state did this occur?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont have anything else on my record

Submitted: 1 month ago.Category: Legal
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Answered in 2 hours by:
3/17/2018
Lawyer: Zoey, JD, Attorney replied 1 month ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,036
Experience: Active member of the NYS bar since 1989
Verified

Hi,

I'm Zoey.

I've reviewed your post. How long ago did you warrant on the case? What were you charged with? What is your question?

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Customer reply replied 1 month ago
Yesterday I did, I was charged with a 2nd degree misdemeanor for driving wihtou a valid license they rescheduled for a status hearing to see if I had the license fixed in time but I got the dates wrong and missed my court date
Customer reply replied 1 month ago
I am wondering how to get this warrant lifted, I have a clean record and I am only 24. I just got the dates wrong.
Lawyer: Zoey, JD, Attorney replied 1 month ago

Thanks. I know you're scared, but this is no big deal if you just missed your court date yesterday. Show up on Monday, tell the clerk of the court you goofed and ask to be added to the calendar so that you can get the warrant lifted.

The judge does have the power to put you in jail for warranting. But with a reasonable excuse after only a one-day lapse and with a low-level misdemeanor, I have not see on do it unless he has a long RAP sheet and a major warrant history.

If you have your license fixed, they should vacate the warrant and dispose of the case.

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Customer reply replied 1 month ago
what will happen if i go there without my license fixed? i just havent had the time because of school and 2 jobs I had to request off from both jobs in order to have a day at the DMV
Lawyer: Zoey, JD, Attorney replied 1 month ago

If you tell them you're in school and work two jobs and just haven't had the chance to go to the DMV, ask the judge for a continuance to get it done and promise the court that you'll do it without fail even if it means requesting off from both employers.

If you're very nervous, come in with a lawyer, even if it means coming back a day or two later, since you probably won't find one over the weekend.

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Lawyer: Zoey, JD, Attorney replied 1 month ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 1 month ago
Hello, I just spoke with someone at the clerk of courts.
Customer reply replied 1 month ago
They told me in order to have the warrant lifted I have to surrender myself to the orange country sheriff.
Lawyer: Zoey, JD, Attorney replied 1 month ago

The procedure varies from one jurisdiction in the country to the other. If the sheriff rather than the judge issued the warrant then you'd have to surrender yourself there. You might want to get a local lawyer to call them for you to determine whether you should have someone ready to post bail, or if they will just book you for the charge and release you. If you can't afford a lawyer, the public defender's office would be a good contact for you before you see the sheriff.

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Customer reply replied 1 month ago
I have to go to jail?
Lawyer: Zoey, JD, Attorney replied 1 month ago

I can't say that for sure. That's why you need to have a lawyer call the sheriff to arrange the surrender and find out. If the sheriff will put you in, you will at least be able to have bail ready and get right out.

Go see the public defender's office and see if they will assist you in an emergency if you cannot afford to hire a lawyer.

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Customer reply replied 1 month ago
I am trying very hard not to go to jail. If I surrender myself and post bail will they make me sit in a jail cell?
I’m very scared of having to sit in jail. I’ve never been in trouble like this before.
Lawyer: Zoey, JD, Attorney replied 1 month ago

Sorry for the delay. I left the computer to run some errands.

The warrant will not go away until you see the sheriff, voluntarily or involuntarily. By that I mean if you don't come in by yourself, they will eventually come and bring you in. m

I cannot predict the future. There is a warrant out for your arrest. It is possible that you can have to sit in jail, which is why I keep telling you to go and see someone at your local public defender's office and see if they will call the sheriff for you and find out if you will be free to leave. If they say no, they can also find out what they will set as bail so you can come in with the money and get right out.

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