Criminal Traffic Capias
If you failed to appear in court for a criminal traffic citation issued in Hillsborough County, then the court probably issued a warrant capias for your arrest. A recent study found that one (1) out of five (5) misdemeanor traffic cases in Hillsborough County result in a judge issuing a capias warrant after the defendant fails to appear in court.
In many of these cases, the person accused has no idea that a court date was set. People spend hours on the phone with the clerk’s office trying to figure out how to set a court date. These ridiculous procedures used by the clerk of court cause many of these problems.
If a “failure to appear” warrant or capias was issued for your arrest, don’t just wait for an officer to knock on your door. Instead, contact an experienced criminal defense attorney who can confirm that the capias actual exists and file a motion to quash the capias warrant so that you are not arrested.
Attorney for the Criminal Traffic Capias in Tampa, FL
In some cases, if your criminal defense attorney explains the reasons for the failure to appear and can assure the court that it will not happen again, the judge will just withdraw the capias warrant and put the case back on its docket.
The attorneys at Sammis Law Firm are experienced in filing the appropriate paperwork to have the warrant capias set aside. We can help our clients avoid another arrest, mugshot and the criminal record. Getting the warrant set aside so the case can be put back on the docket is a much better solution to this problem.
To discuss your case with an experienced criminal defense attorney in Tampa, FL, contact us. Call (813) 250-0500 today.
Failure to Appear for a Criminal Traffic Offense in Tampa
If you are issued a citation for a criminal traffic offense, then you can appear at the Traffic Violations Bureau within 10 days after the citation is issued to set a court date. Unfortunately, when you arrive, the Traffic Violations Bureau will probably tell you that they have no record of the citation and that you need to come back later. In many cases, it is impossible to set a court date within the first ten days.
If you fail to appear at the Traffic Violations Bureau within 10 days from the date of issuance of the citation and make disposition of any citation for any criminal traffic violations within Chapters 316, 320, and 322, Florida Statutes, then the clerk will set a court date and notify you in writing of the time and place that you are to appear in court.
The notice will be sent to the address on the citation. You can also call the clerk’s office to find out when the court date is set.
You must appear in court at the designated time and place. Do not be late to court. If you fail to appear at the hearing set by the clerk, the court may issue a capias for your arrest and issue a Form D-6 (license suspension). The capias will be issued with an appropriate bond amount to ensure that you appear in court for any future court appearance.
A capias may be issued when the defendant is a minor under the age of 18 years old, but the minor will be released on the minor’s own recognizance.
Types of Criminal Traffic Citations that Result in a Failure to Appear Capias
The most common criminal traffic citations in misdemeanor cases in Florida include:
- Driving While License Suspended or Revoked;
- No Valid Driver’s License;
- Violating a Driver’s License Restriction;
- Leaving the Scene of a Crash Involving Attended Property or an Occupied Vehicle;
- Leaving the Scene of a Crash Involving Unattended Property;
- Hit and Run;
- Reckless Driving; and
- Racing in Highways.
If you were issued a criminal traffic infraction for any of these first or second-degree misdemeanors, then seek out the services of an attorney especially if a failure to appear capias was issued for your arrest.
Finding an Attorney for a FTA Capias in Tampa, FL
If an arrest warrant or capias (sometimes called a bench warrant) was issued for your arrest after a failure to appear in court on a criminal traffic citation, then contact a criminal defense attorney at the Sammis Law Firm to discuss your case. We represent clients at the courthouse in both Tampa and Plant City.
Call us to find out how we can file a motion to have the warrant withdrawn so that you never have to go into custody. Don’t want for the police to come knock on your door. Instead, take a pro-active approach to addressing the case and getting it back on the court’s calendar so the best possible resolution can be worked out.
This article was last updated on Friday, May 18, 2018.