Legal Question in Criminal Law in Florida

Re: to run or not to run

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you do not appear, a warrant will be issued for your arrest. You will forfeit your bond and you may get arrested before you have the opportunity to work something out. The chance for a plea bargain will be slim and you will have to remain in jail pending trial as bond will set be given for you based on your previous failure to appear.

Scott R. Jay, Esq.

Re: to run or not to run

In response to your question, running would NEVER be wise move. Try to plea bargain with the State or the Court BEFORE the day for jury selection. If you do not have prior convictions, the penalty offered for a plea should not be that bad. If you do have priors and they are seeking jail time, ask to serve on weekends or ask for house arrest. You may also offer them a sentence of probation with the condition you pay some court costs or do community service hours.

On the other hand, if you have a defense to the charge, such as it was not in your possession or it was an illegal search by the Officer, you may want to go to trial or file a Motion to Suppress the Evidence.

Godd luck. If my office can be of assistance in North Fla., give us a call. Tom Rosenblum, Jacksonville, Fla.