Duval County Criminal And Traffic Attorney FLA Legal Professionals, LLC On Felony And Misdemeanor Offenses
One of the peculiar things about the criminal laws of Florida is that you don’t always have to be taken into custody to be legally arrested. As a criminal defense attorney located in Jacksonville, I meet with a number of clients who believe that their charges are “no big deal” because the Jacksonville or Clay County sheriff’s office didn’t take them down to the station to book them. Sometimes, they weren’t even handcuffed by the responding police officers.
In Florida, it’s not unusual in misdemeanor cases to be issued a notice to appear and released from the scene. Additionally, some traffic misdemeanors, like driving on a suspended license or reckless driving, only require the officer to issue you a citation with a mandatory court date. Even with some felonies, the police will present the case to the prosecuting attorney before charging the suspect. What you need to realize is that you do require an attorney any time that you are charged with a misdemeanor or felony crime in the state of Florida.
Criminal Citations, Notices to Appear, and Not in Custody Probable Cause Affidavits
Many of my clients are confused when it comes to in-custody versus not-in-custody arrests. With misdemeanor crimes and traffic misdemeanors, non-custody arrests are done to alleviate the pressure on county jails in places like Duval, Clay, Baker, Flagler and St. Johns. In addition, it allows the officer to return to his or her other duties immediately, avoiding a trip downtown.
Finally, it provides officers the option to spare otherwise law-abiding citizens from a temporary visit to a booking facility or jail. With felonies, individuals are often released while the officer or detectives gather more evidence before approaching the state attorney with the file. This is to avoid delays in prosecution that can be exploited by a knowledgable defense attorney. What’s important for you to know is, regardless of whether you are taken to jail or released from scene, the penalties for the criminal infractions are unaffected.
Consider the following example:
A Jacksonville woman receives a traffic citation for speeding and forgets to take care of it by paying the fine, attending driving school, or taking it to court. She is informed that her license has been suspended for “Failure to Pay.” (A consequence which could have been avoided had she retained the services of a traffic citation lawyer.) She continues to drive with the intention of having her license restored in the near future. However, her luck runs out when she fails to stop at a stop sign in Orange Park and is pulled over by a Clay County Sheriff’s deputy. She freely admits to knowing that her license was suspended. The deputy now has the option of arresting her or releasing her from scene with a criminal citation. Regardless of which course he chooses to take with the Jacksonville driver, the judge’s sentencing options are unaffected.
Always Use a Qualified FL Criminal Law Attorney
Whether you are charged with a misdemeanor or felony, taken to jail or released on scene, if you are a resident of Duval, Clay, Baker, Flagler and St. Johns you should hire a qualified criminal defense attorney to represent you on and all criminal charges. Not all criminal charges result in an arrest, but almost all of them could lead to jail time.