Home » LAW »» CRIMINAL LAW & PROCEDURE

Wrongfully Issued Bench Warrant (CRIMINAL LAW & PROCEDURE)

Fri, 13 Nov 2009 12:05:00 GMT

My question involves an arrest warrant from the State of: Florida

I was arrested on a bench warrant for a FTA. It was a status hearing. Turns out, no one was ever notified of the court date. No one includes myself, my attorney, my PO and the state's attorney. I spent two days in jail because of someone else's mistake.
Do I have any recourse in getting the arrest record removed and my attorney's fees reimbursed?
Thank you.

Comments (2) | Promote | Bookmark |

  • Leave a Comment Now.
  • Comments
  • Sun, 15 Nov 2009 17:24:00 GMT(1)
  • The judge's clerk never sent notice to anyone. Even the state attorney did not know about the date until my attorney called to find out what was happening. When we went to court to get me released from jail, prior to the judge entering the room, the clerk told my attorney and the state attorney she had no proof of sending notification. The judge that issued the warrant was out of town, so we were seen by another judge who released me ROR. He did not do anything else because he is not the regular judge for my case.
    It was an error on the clerk's part.
  • Sun, 15 Nov 2009 08:19:00 GMT(2)
  • The exact reason you didn't get notice of the hearing is what?

    As you're lawyer has surely already told you, the answer is all but certainly "no", but you need to give us the relevant facts.
  • Leave a Comment Now.

CRIMINAL LAW & PROCEDURE Open Questions

Wrongfully ID'd.

What is the name of your state?What is the name of your state? Hawaii I was booked after witnessing a fight which I wasn't involved in only stood as a bystander. The wife of the victim took down my lic. plates when I left the area. The police later brought the victim's wife to my house to ID me.......

Wrongfully dismissed in TN

I am a student who is 9 months from completion of a program in allied health. Our program instructors suddenly(july 29) informed us that we would have to undergo background checks to continue into our fall semester. According to state code, chapter 1540-1-2 item 5, "full time students should......

wrongfully convicted?

What is the name of your state? georgia some 1 please reply to my post if u can help.. my friend is 17 years old and lives in atlanta georgia.. he has been in and out of juvinille for fighting.. a year ago he was shot.. at the time he was 16 and he got a letter a few weeks ago that said when he......

wrongfully charged with crime

Missouri A St. Charles county judge issued a warrant for my arrest for receiving stolen property over $150 based on: One man's written statement saying I sold him the property.( this was also the man caught with the stolen property) He had no other witness to back his story. A Lt. BD North of......

Wrongfully Charged with Assault of a Police Officer

NYC So this is about my 20 year old brother. This is his side of the story. He is a good kid and has never been in trouble w/ the law before. My brother works at night. He gets off during the wee hours of the morning. This morning he decides to visit his girlfriend who lives in a bad......

Wrongfully Charged Misdemeanor Worthless Check

I'm new to ExpertLaw. In October 2004 I bounced a check to a Florida grocery store but paid for it November 2004. In April 2005 Publix grocery store sent a complaint to the local state attorneys' office in Florida for the same check that [COLOR="Blue"]I had paid to them 6 months prior......

Wrongfully Charged

My question involves criminal law for the state of: Colorado My boyfriend and I got into an argument, the police were called and he left before they got there. I told them that he hit me, eventho it wasn't true. They never took my statement or any pictures or anything. They picked him up about 6......

wrongfully arrested?

What is the name of your state? OKLAHOMA My husband and my 16 year old nephew went to a house (we knew the people, they had been to our house, and we considered them friends) pick up our 14 year old daughter, she was supposed to be staying the night with a girlfriend and did not have permission......

Wrongfully arrested.

Florida Marine Patrol wrongfully arrested me by not understanding the Net Ban Ammendment. I am appealing a summary judgment where I believe the judge ruled erroneously. The judge granted the FMP Officer immunity. Here are some facts that I feel were "overlooked" by the Judge. Immunity......

Wrongfully arrested, & police aren't telling the truth

falsely arrested , my friend was attacked by a 190-250 lb guy , my friend has priors, and knew he could do nothing , but this guy was tearing his shirt and hitting my friend, so my friend kneed him in the head and between his legs while my friend was being thrown around, later that night my......

Some questions maybe you're interest in...

Salary Employee Work Hour Abuse California

[Employment & Labor Law] Is it really true that because I am a salary employee I can be required by my job to work more than 130 hours per week at the office? I'm pretty sure I qualify as exempt: I manage other employees and produce statistical reports as well as prepare meeting agenda's......

Reposessed Vehicle

[Consumer Law & Fraud] What is the name of your state? Florida I have just had my vehicle reposessed today. We purchased this car at a buy here, pay here auto dealer. Since the beginning I had been paying $60 bi-weekly. I've only had the car since April 06. Recently we had found out the pymts should have been $110..........

underinsured motorist

[Accidents & Personal Injury Law] help! a dui drunk drive hit me head on. his ins co paid me 20k. now my attorney is making a claim against My own ins co under the Under Insured Motorist Provision which i have a 300 k limit. my neck and back still hurts after11 months. i get head aches, i cant sleep well at nite, i get up.........

Can my old boss declare me Bankrupt?

[BANKRUPTCY & CONSUMER CREDIT] Can anyone help? I worked in a commision based role for 16 months. There was no employment contract in place. My boss sent me 3000 twice from his personal account as a gift between Jan 09 to April 09. I left the company 4 weeks ago and he has now filed a Statutory Demand under section 268(1)(a).........

do i have a lawsuit?

[Accidents & Personal Injury Law] I was driving in my jeep saturday and the car hydroplanded on a bridge, smashed head on into the side of the bridge (which is on a highway so speed were around 50) so anyways the car is totalled and get this after the head on crash, the airbags didnt deploy, no one ws injureded thankfully, but.........

http://work5.com

[Additional Legal Subjects] http://work5.com......

House Trade

[Real Estate & Property Law] Maine: My husband and I have decided to trade houses with our neighbors. We live outside of the US and have no mortgages. What are the tax implications of making the trade? What amount should we put on the sales contracts? We will not need a mortgage but will be putting a substantial amount of.........

Use of Name in Novel

[Intellectual Property] Is it illegal to use a co-workers name (first and sirname) in a novel without the co-worker's permission? This is in the state of Texas.......

False accusations on a restraining order.

[Family Law] What is the name of your state? California. I am getting divorced and it is not the greatest life living with a selfish woman. My youngest son who is three told me one of my wifes friends touched him and licked his "willy". I told her and she went crazy and told me I was out of my.........

How does youtube survive?

[Intellectual Property] Every single day there are videos that are obviously uploaded from TV and get 500,000 hits. It's on there for days, weeks, sometimes months. You click on the flim category and virtually every single video is copyright infringement. It seems like (a) the person uploading the video has no.........