Legal Question in DUI Law in Florida

Bail in Florida

I am Out of jail on bail in FL. for a DUI/Misdimeanor. If I fail to go to court will this haunt me forever, I will be moving to another state.


Asked on 8/15/08, 3:40 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Bail in Florida

Yes it will follow you forever. Being arrested for DUI is not a small matter. If you fail to appear, or do not enter a plea and resolve the matter, you will be subject to a warrant being issued for your arrest and then face additional charges which will only complicate your life further. You will also lose your bail money, and if you used a bondsman you will face consequences with them as well.

Moving to another state will not make the situation go away. If you are trying to move very soon, then you should notify the court and the State Attorney's office of your impending move.

You will be best served if you hire a DUI attorney to represent you in this matter. He or she may be able to act on your behalf if you do in fact move out of the state during the process.

WHATEVER you do, do not ignore this.

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Answered on 8/15/08, 3:50 pm
Thomas Rosenblum Rosenblum Law Offices

Re: Bail in Florida

Hello: 'Just read your question. If you fail to appear, the judge will issue a capias (warrant). It will just sit in the system. I don't know if the state your moving to would do know about it if you were stopped for something and they ran your ID in their computer. Even if it came up, it is only a misdemeanor so they may not even hold you. That's a risk. However, it may cause your license to be suspended from another state or prevent you from getting one in another state. I have had several clients that came to me to handle a DUI from several years ago. Sometimes, if they are lucky and the case is real old, the State may not have a file or an officer has gone, etc. That's still a gamble. More often, we ask for the capias to be withdrawn and we fight the case.

If it is a first DUI, you would most likely be offered the "minimum mandatory" sentence. That is:

6 mos. or one year probation to do the following...50 hrs. community service, DUI school, fine and costs (around $500), victum impact panel, and a 6 mo. license susp (unless you refused to give breath sample...and this was the first time you refused...where it is one year susp.)

You could fight the case and either get it dropped to a reckless drivng instead of a DUI or get them to drop it all together if it is a bad case for the State. 'Hope this helps. Good luck. Tom Rosenblum

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Answered on 8/15/08, 4:01 pm


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