In Miami, Florida, police officers are offered a choice of either apprehending a suspect and carrying him to the closest prison, or to provide a “Notification to Appear” rather of a real arrest. Nevertheless, this is just real under specific conditions. A Notification to Appear has the very same legal significance as an arrest does. If you are served with a Notification to Appear it is essential that you comprehend the significance of the notification and the actions you need to take.
Authority for a Notification to Appear
In Florida, a Notification to Appear in a criminal case resembles the Summons in a civil case. If the apprehending officer is worried whether the suspect will appear, or presents a danger to the general public, is desired in another territory, or can not be recognized, the officer can decide to make the arrest instead of providing a Notification to Appear. An officer gets the authority to provide a Notification to Appear from Florida Guideline of Criminal Treatment 3.125, which checks out, in the important part:
If the officer making the arrest can not be encouraged that a Notification to Appear suffices and wishes to proceed with the arrest, after an extra examination, the Reservation Officer has the authority to stop the arrest and provide the Notification to Appear.
“If an individual is jailed for an offense stated to be a misdemeanor of the very first or 2nd degree or an offense, or is detained for infraction of a community or county regulation trial able in the county, and need to be taken prior to a judge is not made, notification to appear might be released by the jailing officer …”.
How Does a Notification to Appear Work?
If the jailing officer chooses rather to release a Notification to Appear, the officer needs to protect the suspect’s signature on 3 of the 4 copies of the Notification to Appear with the 4th copy being kept by the suspect. The Clerk of Court gets 2 of the signed copies, who will then forward among those copies to the State Lawyer. After all the copies have actually been provided, the suspect is then thought about to be officially accused of a crime and needs to appear in court at the appropriate location and time suggested on the Notification to Appear.
Exactly what to Do If You Get a Notification to Appear.
If you get a Notification to Appear, you need to take it seriously. Read it thoroughly to obtain a complete understanding of the charges submitted versus you, where when you need to appear in court. Then, contact a knowledgeable Miami criminal lawyer to make sure your rights are secured throughout the prosecution of your case.
Considering that the Notification to Appear is much like a judge buying you to stand for court, if you cannot appear at the appropriate time and location in court, an arrest warrant will be provided. Furthermore, you might be founded guilty of the offense that triggered the Notification to be provided. When you do not appear, you will lose your right to protect yourself versus the charges submitted versus you. Additionally, the district attorney can request whatever sentence they feel is proper to convict you with no input from your lawyer or you.