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Criminal defense
Anonymous10 views8 answers
I was stop on south semeron for POSSESSION OF CONTROLLED SUBSTANCE
POSSESSION OF DRUG PARAPHERNALIA i cross the street he wasnt by me he said he almost hit me with his car, i wasin a party people used my jacket without me knowing and there was a empty bag of cocaine in them and a straw thst was cut, didnt read me my rights, I was giving PTD on june 2012 i did community service but needed time to get money for the drug evaluation but they didnt wait sent my case back to the judge, they gave me permission to go upstate new york to finish which is where i did CS, they gave me a court date but i wasnt notice of it they sent the notcie to my old address in orlando, there a warrantout i wrote the judge a letter explain the mistake and nothing still a warrent. i dont want jail time i want P.O.
A warrant for failure to appear on a felony is much more difficult to set aside then the same on a misdemeanor case. In most cases you will be required to appear and surrender on the alias capias warrant. A letter to the judge won't do it and may not even be read because it is considered an Ex-parte communication. You need an attorney to negotiate something Ahead of time for you with the assistant state attorney, and possibly submit a stipulated motion and order for the judge to consider. Otherwise, your attorney will set a hearing date and have you appear for the purposes of considering not taking you in and quashing the warrant.
You can discuss these variables, confidentially, with a local lawyer and not waive any of your rights or risk another learning about them- like you may in this forum. We'd recommend you email or give someone a call.
has an excellent "find a lawyer" tool to locate a top-rated attorney near you who offers a free consultation. Hopefully, someone here can help you get some more direction. Good luck!
Kristin D Figueroa-ContrerasImmigration AttorneyMiami, FL ·
Please refrain from posting what you did or did not do on this public forum; it could really hurt your case. You should move to vacate your capias (bench warrant), an attorney can help. Best of luck.
Amanda Marie SampaioCriminal Defense AttorneyOrlando, FL ·
It may be possible to take care of the warrant without you appearing. It depends on the circumstances of the case and how the prosecutor treats the situation. The sooner you take care of it the better. If you would like feel free to call my office.
You stated that you had to go back to court to which appeared to be a PTD rejection? When you are rejected from PTD, your case goes back to the docket as if PTD was never offered. It seems, from what you are explaining, that you were allowed to be reinstated to PTD in order to complete your treatment, but you received a new notice. Were you re-noticed because you did not complete the treatment and you were again rejected from PTD? If that is the case, your presence at the PTD rejection was critical, and now that a warrant has been issued, I would recommend hiring a lawyer who can do a proper motion to quash the warrant, since you did not receive proper notice. Once the motion is heard and all evidence shown to the court, the judge may remove the warrant and put your case back in the docket. You indicated that you did not want jail time. Once your case gets set back in the docket, you will receive a new offer from the State, but whether jail time will be included in that offer will depend on the case, the facts, the evidence available, and your criminal history, if any.
