Legal Question in Criminal Law in Florida

This was to be my fourth court date because information has not yet been filed. If no info was filed today, the case would be dismissed. However, I missed my appointment, tried to call the court but I couldn't get anyone on the phone. What can I do? I searched online and got this under my record... 04/29/2013 Pre-Trial Conference (1:30 PM) (Judicial Officer Craner, A James) STATE HAS NOT FILED AN INFORMATION Result: Hearing Held


Asked on 4/29/13, 2:12 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

That is odd because here in Orange County the Clerk will not set a case for a pretrial conference until an Information is filed. If you did not show up to court and an information was not filed then it is very possible that the judge would not issue a warrant or anything like that. If an Information was filed and you did not show up then you run the risk of having a warrant issued for your arrest.

The tricky thing here will be whether the court found a waiver of your right to speedy trial by you not showing up. Because this is in front of Judge Craner I know that your case is a misdemeanor and there is a short time frame for your right to a speedy trial, which might result in getting the case dismissed. I'm skeptical that the clerk would update their system today, but it is possible. You should really be working with an attorney on this, especially if you are running the risk of waiving your right to a speedy trial. As you discovered, you can't really call the courthouse to get your court date rescheduled; it just doesn't happen for a lot of different reasons.

Please contact my office for a free consultation and we can review this information with greater detail.

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Answered on 4/29/13, 2:44 pm


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