Wednesday, March 27, 2013

Traffic Offenses Could Affect Your Employment


Why Bother Hiring A Traffic Defense Lawyer?

You just got another ticket for speeding, but you’re not too worried about it.  You know the routine:  get pulled over, feel bummed that you were caught again, pay the fine, hope you do a better job of looking for cops, and move forward.  Before buying that police radar detector, you may want to stop and consider whether your accumulation of tickets is going to negatively impact your future.


It's Just a Few Tickets - Does It Really Matter? YES!

People often don’t realize the long lasting effects a moving violation can have on a person’s:
  1. Insurance rates
  2. Driving record
  3. Employment opportunities

In addition to the ticket fine you will be required to pay, you probably already know that getting a moving violation will get points on your driving record, which will end up causing your auto insurance rates to jump up.  In tough economic times we’re facing today, every penny counts, so why wouldn’t you take the opportunity to have someone to represent you in this matter?  
You may have never even considered contacting a traffic lawyer before, and assumed that everyone just goes to court on their own.  A traffic defense lawyer has extensive knowledge and experience of traffic laws that everyday citizens know nothing about.  In many cases, merely retaining a lawyer can result in lesser sanctions or even dismissal of your case, based on defects with the citation.  
While paying a little extra each month on your auto insurance may not really bother you too much, consider the effect this traffic ticket could have on your driving record.  Since this is a public document, anyone can access your driving history.  And do you know who cares about your traffic violations?  Present and future employers - especially if the job you hold or are seeking requires any work hours behind the wheel.  In addition, if you are ever in a legal trial of any kind, lawyers can under the right circumstances access this document and use any of the information against you.
These are major issues that do not need to be dealt with on your own.  Contact the law offices of Eric Kay at (954)764-7373 or email us today for a free consultation.  Let us hear the details of your particular situation, and we’ll provide you with suitable options.  

Monday, March 25, 2013

Yes, It’s A Very Good Idea to Hire A Divorce Lawyer


How To Find The Right Divorce Lawyer

Whether you are leaving the marriage on your own accord, or you were served with divorce papers, the fact remains that divorce is one of the most difficult life situations to walk through.  There are many experiences in life that require you to individually assert your own strength and willpower to accomplish what needs to be done.
However, divorce is not one of those times - doing this alone should not even be considered an option.
This can be a very long and difficult process for all parties involved, especially if there are children caught in the middle.  Unfortunately, it is all too common for the two people divorcing to allow their emotions to dictate their actions, which can often cloud clear thinking and lead to poor decisions that will lead to regret afterward.  
A divorce lawyer is available to help sort through the issues that are most important to you, and to assist you in making appropriate preparations for the new life ahead of you.  
It is understandable that you desire to protect your financial stability, and this is why it is especially important for you to hire a divorce attorney.  This way, your best interests and your children’s best interests are being represented, and you will have peace of mind knowing that someone is working to protect your rights, your assets, and your financial future.  Having a divorce lawyer will actually help to protect your ability to stay financially stable once the divorce process is completed.
Once you know that divorce is the next step, it is important for you to hire a lawyer to be your guide, protector, and defender.  Here are some tips for finding a lawyer that is a good fit for you.

Wednesday, March 20, 2013

How Does the State of Florida Decide What to Offer a Defendant Charged With a Crime?

Key Factors in Florida's Decision Making Process:  Part Two


As mentioned in the previous post, Florida has a criminal punishment guidelines scoresheet.  What does this mean for someone who has been charged with a crime?  A person gets a certain amount of points from prior cases, where the defendant has been convicted, or resolved the case, received probation, or whatever the outcome was.  The next step is to add these numbers together; if the number is above 44, in most cases, the person will receive prison as an offer.  If their score is anything less than 44, then the guideline is called a discretionary sentence, or a sentence where any non-state prison sanction is called for.
You get no points up or down based on the quality of the attorney you have, how nice of a person you are, or what kind of charitable organizations you've been involved in before. It's just a math problem of your prior offenses and current offense, and that's how points are determined.
It's also important to note that while certain people might fall into the mandatory prison range based on their points, this is just the starting point for the negotiations on what the state's going to call for.  Many people ask, "Why am I being offered prison if I have less than 44 points?  I thought they couldn’t offer me prison because I didn't score enough points.  Shouldn’t they be offering probation?"

Monday, March 18, 2013

How Does the State of Florida Decide What to Offer a Defendant Charged With a Crime?

Key Factors in Florida's Decision Making Process:  Part One
If you’ve been arrested, and especially if you are pretty sure you’re going to have to plead guilty or no contest, you are probably very interested to know what guidelines determine the offer you are likely to get from the state.  

It's a question that obviously brings a lot of anxiety to the hearts of many who have been arrested, because this is basically the starting point of the negotiations in how a case is going to be resolved.  The state guidelines and that initial offer will factor highly into whether or not a person is going to elect to have a trial in the matter.
More likely than not, if the offer presented by the state to resolve the issue is very harsh, then the defendant may very well exercise his or her right to go to trial, unless the case's facts do not make it practical to do so.
When an individual gets arrested in Florida, a prosecuting attorney receives the matter in the form of a police report from the arresting agency. The officer will charge you with everything he or she believes that there is probable cause to state that you have committed. This laundry list of charges, however many there may be, goes to the Case Filing Division of the local prosecutor's office. The local prosecutor's office then typically takes 30-40 days to analyze these reports.  The prosecutor will then review the relative law on the books and make their formal charging decision, indicating exactly what the person is going to be charged with.  
They will later determine what a person is going to be offered to resolve their matter.  In arriving at the offer, the state may take into account the facts of their case, the criminal record of the person being charged, as well as any and all testimony that the officer provides with regard to the arrest itself. The state can:
  1. Elect to charge the defendant with the very same crimes that the officer has charged
  2. Elect to file none of those charges
  3. Elect to file completely different charges.
All three variations happen all the time.  The Case Filing Division of the local prosecutor’s office is the office that sets the charges that you will be facing when you actually end up in court, assuming that they do file charges pursuant to your arrest.
In Florida, you have two general classes of crime:  misdemeanors and felonies. Misdemeanors are crimes punishable by anything up to 364 days in county jails. Felonies, based on their degree of the charge, generally involve more severe punishments.  
  1. For a third degree felony, a person is facing as a maximum punishment 5 years in a Florida state prison.  
  2. For a second degree penalty, 15 years Florida state prison is the maximum.
  3. For a first degree felony, the maximum is 30 years.  
  4. There are certain felonies that can be punishable by life in prison, and capital felonies which are punishable by death.

What Is a Criminal Punishment Guidelines Scoresheet?

When a person gets to court in a felony case, their previous criminal record is very important, because Florida has what's called a criminal punishment guidelines scoresheet.  A person's past criminal record factors greatly into what their initial plea offer will be, because a certain score is generated on this score sheet based on their prior offenses and their current arrest, taken together.
A person gets a certain amount of points for each new crime they're charged with. The state then adds that to a certain amount of points from prior cases where the defendant has been convicted, or resolved the case, received probation, etc.
Once these numbers are added, then generally speaking, if the number is above 44, a person is going to receive prison as an offer.  If they have a score of anything below 44 points, the guideline is called a discretionary sentence, or a sentence where any non-state prison sanction is called for.

What is a non-state prison sanction?  

For example, the state could offer you probation or county jail.  Typically, when you have a case where you don't have a victim who is particularly vocal, or the victim is the state as in a drug crime, then a person may be offered probation, county jail, or perhaps restitution.  
A person that has a bad prior record or certain charges that are serious in nature is going to have more than 44 points on their guideline scoresheet.  Generally speaking, the state will offer you somewhere between the bottom and the middle of the guidelines.
However many points you actually score, this is simply a math problem, a multiplication factor that's applied to these points. From there, the state determines how many months in prison a person is going to be offered as a result of their new criminal infraction.
Now it’s important to note that this is the starting point of the negotiations. When the state determines what to offer in a case, the offer is based on the facts of the case, the defendant’s prior record, and, if there is a victim in the crime besides the state, the input of the victim as to what they wish to see happen in the matter.
In certain cases such as drug crimes, where the state of Florida is the victim, it is entirely up to the discretion of the prosecutor and these other factors that we've talked about: prior record, facts of the case, strength of the case, and related issues, in terms of how the offer is determined.
Every victim in a case, whether it's a robbery a property crime, domestic violence matter, or any other case where there is an actual person who is a victim on the other side of the crime, the victim has a right to come before the court and make certain recommendations as to sentencing. The judges must hear these recommendations prior to proceeding to a sentence or they commit error in the matter. The judge will listen to the victim, and their testimony will be another piece in the puzzle in determining what the state is going to offer a defendant after being arrested.
It's important to note that if you're arrested for a misdemeanor, the score sheet is not applied, and no amount of points or prior record count against you mathematically. 
However, the state may take all those factors into consideration in determining what to offer.

Friday, March 15, 2013

Consequences of Underage Drinking and DUIs



The Facts About Underage Drinking and Driving

You already know that drinking while intoxicated is a major offense in the eyes of the law.  In most states across the U.S., there is a Zero Tolerance policy with regard to underage drinking and driving.  The purpose of such a strict policy is to deter underage drinking and driving.  If you are pulled over while driving under the influence, and your BAC level is .02 or higher, here are the consequences you will face in the state of Florida for yourfirst DUI offense:

    • Jail – 6 Months Maximum (BAL from .08 to less than .15)
    • Jail - 9 Months Maximum (BAL above .15)
    • Fine – From $500 to $1,000 (BAL from .08 to less than .15)
    • Fine – From $1,000 to $2,000 (BAL above .15) or Minor in Vehicle
    • License – Suspended from 180 Days to 1 Year
    • Hardship Reinstatement – Complete DUI School Prior to Hardship Application
    • Ignition Interlock Device – Up to 6 Months (Hardship Reinstatement BAL above.15)
    • Community Service – 50 Hours
    • Vehicle Impound – 10 Days

    First Drunk Driving Conviction (Note: BAL = Blood Alcohol Level)
    You may also face child endangerment charges if you were driving a minor while intoxicated.  In addition to the consequences listed above, you will also be required to pay fines up to $1000 and up to 9 months in jail for a first offense, or pay fines up to $5000 and up to one year in jail for more multiple offenses.  Florida imposes these strict sanctions in order to deter anyone from driving while under the influence of alcohol.  

    Whether this is your first DUI or you have had several DUIs, it is absolutely necessary for you to hire a defense lawyer if you want to ensure that your right are protected. Without retaining an attorney you may be giving up certain rights that could function to get your charges reduced or even dismissed.  

    If you or a loved one is in need of legal representation for a DUI matter, don’t wait another minute - contact us today so that we can evaluate your case and provide the legal counsel and representation you deserve.

    You might also be interested to check out my recent article on how a criminal defense lawyer can help you.

    Wednesday, March 13, 2013

    Should I Divorce Him? What Are the Options?


    What Are My Alternatives to Divorce?

    When you said your vows to stay married through sickness and health, through wealth and poverty, to be together forever until separated by death, you had no idea what marriage was really about.  But this is not uncommon.  As you settle in your new life together, you realize that there are quirks in your spouse and with each new quirk, you are forced to make a choice:  to accept this person for who they are or to criticize them until they become who you want them to be.  

    It’s probably easy to recall many wonderful times you have had together, but they are often overshadowed by the strain of all that has burdened your marriage for many months and even years.  You don’t know how to fix all that’s broken in your marriage, and wonder if divorce is the answer.  When you think of getting a divorce, the feelings are mixed.  You desire relief from the ongoing disagreements, cutting remarks, and emotional exhaustion.  On the other hand, you deeply love and care for this person you promised to love and cherish forever, and wonder if there’s another option?
    While we provide legal services for anyone looking for a divorce, we also hope that if there’s any way to save your marriage, that you would consider taking those steps first.   Divorce has a ripple effect - those who get divorce often have no idea the effect their choice has on close relatives and friends, especially children, whether young or all grown up.  
    But before we go on, let’s first deal with the issue of safety.  If you are being physically, emotionally, sexually abused and/or your children are suffering under any kind of abuse from your spouse, you must get out immediately and seek professional help.  There may still be ways to save your marriage and save your family, but not if anyone’s safety is compromised.  
    If safety is not your number one concern in your marriage, then we’d like to suggest a few helpful questions to ask yourself before making the final decision to get a divorce.
    1. What Has Your Level of Commitment Been In The Marriage?  If you have not put forth every effort to work on your marriage, to partner with your spouse in every aspect of your relationship, to work through and face the difficult issues, and to honestly look at your own role in perpetuating certain dysfunction in your marriage, then you must face the fact that your low level of commitment has contributed to your desire to walk away from the marriage.
    2. Are You Threatening Divorce To Get Your Way?  There are countless situations in marriage where one or both spouses resorts to manipulation in order to get their way on any particular disagreement they may be having.  Threatening divorce is cruel and hurtful to the marriage relationship.  It says, “Give me my way or watch me walk away.”  This is not a true love relationship with give and take on both sides.  This is a relationship based on whoever gets their way - no matter the cost - wins.
    3. Have You Considered the Effect Your Divorce Will Have?  People are so quick to get a divorce and move on, that they forget or don’t even realize the effect that such an action has on those around them, those who are most closely connected to you as a couple, especially children.  Have you considered what divorce will do to their world?  They have no control, no say over your decision, and yet, they are expected to comply with shared custody, moving back and forth several times a month so that you and your spouse can be apart.  Have you also considered the financial effects of divorce?  It is a decision that could affect your financial security for years to come.  
    4. Do You Both Want A Divorce?  Sometimes, it is just one spouse who wants a divorce while the other spouse is either clueless about the level of dissatisfaction in the marriage or truly wants to work on the marriage.  If one person wants a divorce without any desire for reconciliation, then it leaves the other spouse in a very difficult spot, without many options but to move forward with the divorce.  
    5. What Made You Love Your Spouse In The First Place?  After you get married and get into a rhythm of life with careers, children, family, hobbies, and other activities, it is easy (and quite common) to find you have grown apart.  You realize that the intimacy just isn’t there.  But you can ask yourself when the intimacy stopped and remember all that you loved about your spouse in the first place.  Another common difficulty is not knowing how to reconnect after your children have left the nest.  This is a wonderful time to rediscover the love you had for each other by participating in similar activities and spending time talking through some of the struggles you’ve been facing.
    6. Have You Seen A Counselor or Mediator? If you or your spouse are on the fence, why not agree to talk with a counselor or mediator to try to bridge the gap on issues that require immediate attention.  
    There are probably hundreds of different ways you can rekindle the romance you once experienced and enjoyed with your spouse, but here are a few ways that we think your marriage would benefit.
    1. Purpose To Spend Time Together.  It is common for couples to be married and yet, to lead very separate lives.  Become interested in activities and hobbies that your spouse is interested in, take walks together, eat your meals together, plan a day trip to another city and plan it according to what you know will please your spouse.
    2. Plan A Weekend Getaway.  There are wonderful places to get away together, but you might also looking specifically for organizations that host marriage retreats, where the focus is to rekindle the spark in your marriage.
    3. Listen.  When two people have been married for so long, they often complete each other’s thoughts and sentences.  But look at and listen to your spouse as though you were dating again.  Find out who they are today.  Don’t be a know-it-all.
    We wanted to share some alternative ideas to getting a divorce, but we realize that not all situations are so cut and dry.  If you are still interested in contacting us for a free consultation, we would be more than happy to talk with you about the best way to proceed from here.

    Monday, March 11, 2013

    Personal Injury - Do I have A Case?


    Personal Injury Attorney Offers Free Consultation 

    Personal injury can be experienced as a result of someone else’s accidental or purposeful negligence, including:

    • Physical Injuries:  You have suffered from one or more physical problems related to an incident that happened at work, at an amusement park, or while walking down the street.  Whether it happened directly or as a result of negligence on the part of an individual or corporation, the result is that you have had to seek medical attention and pay for medical services out of pocket, for a condition that you did not have prior to this incident.
    • Emotional Injuries:  You were involved in a situation that was emotionally abusive and/or taxing for an extended amount of time, whether at your place of employment, or while working under a particular manager, or even being publicly slandered and losing your reputation.  You have had to change jobs or even move to a new city as a result, and may have suffered from depression or anxiety and have had to seek professional help and even take medication as a result of the situation you faced.
    You may be able to receive monetary compensation for the damages you have suffered, including:
    1. Property Loss
    2. Income Loss
    3. Emotional Distress
    4. Physical Limitations or Pain
    5. Medical Bills
    6. Loss of Enjoyment of Life
    7. Limited Enjoyment with a Spouse or Child Due to Such Related Conditions
    There are two options for pursuing legal action in any of these cases.  The first is to file a formal lawsuit against the person, business, corporation, or even the government for damages caused by negligence, whether intentional or not.  Another option would be to have an informal settlement, where both parties involved reach an agreement on the damages to be paid to the victim (plaintiff), without ever needing to take the case to court.  
    Depending on the details of your particular situation, we would recommend that you contact us today for a free consultation so we can assess the best possible options for you.  There is no need to suffer through this alone any longer.

    Friday, March 8, 2013

    How To Get Out of a Speeding Ticket


    Miami Traffic Lawyer's Tips on Speeding Ticket Do's and Don'ts


    You were running late and decided to drive a little faster than you should have.  Or you just tend to drive over the speed limit without much thought.  What you didn’t plan for was the sound of sirens blaring behind you with red flashing lights, motioning you to pull over.  

    While the statistics for auto accidents have decreased over the years, accidents caused by speeding continue to take the lives of too many people every year.  “Of the 32,885 people killed in 2010, roughly 1/3 -- 10,530, to be precise -- were killed in crashes caused by speeding. According to the GHSA, speeding stats haven't improved in over 30 years.” (http://www.thecarconnection.com/news/1073905_speeding-aggressive-driving-still-cause-1-3-of-fatal-accidents)

    Traffic Fines
    Because traffic fines tend to differ a bit by county, listed below are a few of the most common traffic fines related to each offense in the Miami-Dade county.  According to the Miami-Dade Clerk website, people who are given traffic citations have three options to choose from:
    1. Pay the civil penalty within 30 days and receive points on their driving record
    2. Attend driving school within 30 days and receive no points on their driving record
    3. Request a trial by a hearing officer or judge within 30 days.
    Also noted on the website above, the total payment reflects all court fees, ticket fines, and court costs.
    Expired or failure to show driver's license, registration or insurance$129.00
    Seat belt violations$129.00
    Speeding 6-9 MPH$144.00
    Speeding 10-14 MPH$219.00
    Speeding 15-19 MPH$269.00
    Speeding 20-29 MPH$294.00
    Speeding 30 MPH and over;
    Only violations 316.1895 & 316.183(3)
    $369.00
    Speeding in School/Construction zone 1-5 MPH$169.00
    Speeding in School/Construction zone 6-9 MPH$169.00
    Speeding in School/Construction zone 10-14 MPH$319.00
    Speeding in School/Construction zone 15-19 MPH$419.00
    Speeding in School/Construction zone 20-29 MPH$469.00
    Speeding in School/Construction zone >= 30 MPH$619.00
    Child restraint violation$179.00
    Failure to stop for a school bus$284.00
    Illegal parking in disabled spaces$196.00
    Toll facility violations$149.00 plus unpaid toll
    Failure to move or slow down for an
    emergency vehicle
    $149.00
    Failure to stop at a red traffic signal$277.00
    Unsafe equipment (Proof of Repair needed)$109.00
    Additional maximum fine for injury or
    damage to a pedestrian
    $250.00


    If you’ve been pulled over for excessive speeding or multiple moving violations, then you will need legal representation - call us today for your free consultation.  However, if  you were pulled over for driving 5-10 miles over the speed limit, then these next tips will be helpful to you.  

    • Demonstrate Compliance.  When you are pulled over, show your respect for the officer by turning off the motor and keeping your hands at 10 and 2 on the steering wheel.  This demonstrates your complete compliance. Whatever the situation, do not get out of the car for any reason.  When the officer approaches your car, the best thing is to do as he asks you, by giving your license and registration information.
    • Don’t Admit Guilt.  While the officer may have caught you speeding, there is no reason to admit any guilt as this could be used against you in court.  
    • Don’t Defend Yourself.  This is not the time to ask the officer to give you mercy or to begin crying.  The best policy is to draw as little attention to yourself as possible.  Feel free to respectfully ask to see the radar gun, and even where the officer was located when he clocked your speed.  Save your defense arguments for your court hearing.
    • Postpone Your Court Hearing.  The worst thing you can do when trying to avoid a traffic ticket is to simply miss your court hearing.  This could result in more penalties and fines.  By requesting your court hearing to be moved to later date, you have a better chance of having the officer miss the court hearing, which is an automatic canceled ticket.
    • Make Contact.  Before the court appearance, take the time to call or write the officer who issued the ticket.  Respectfully explain that you are willing to have an alternative punishment for the speeding ticket and wonder if he would be willing to discuss the alternatives with you.  Most people don’t consider this as an option, but approaching an officer in this way may result in getting that ticket reversed.
    • Court Hearing.  You have done all you can to ask for an alternative to the ticket, and all you can do now is hope that the impressions you made on the officer have paid off.  Remember to approach the court with respect, kindness, and a calm attitude.  State your case and hope for the best.

    Remember:  Every time you speed, you are breaking the law and you are willingly taking the risk of getting another ticket.  So the moral of the story?  Drive the speed limit and stay under the radar.  

    Wednesday, March 6, 2013

    Would A Lawyer Even Be Able To Help Me? I’m Being Charged With A Hit And Run.

    Why Not Let An Experienced Miami Traffic Defense Attorney Do the Talking for You?

    You were hanging out with some friends and had a few drinks, but thought you would be able to drive home without any problems.  After all, you were only a few minutes away.  You were driving too fast and didn’t see the cyclist, and didn’t brake fast enough.  You were afraid of what would happen if you stopped to talk to him about accidentally hitting him, so in a moment of panic you sped off.  But what you didn’t know is that someone else was watching the incident unfold and somehow managed to get your license plate information.  You were surprised to find that you had been charged with a hit and run.  You didn’t mean for it to get to this.  You now wish you had stopped - now what are you supposed to do?  Should you do nothing and hope it goes away?  

    Absolutely not.

    A hit and run incident can be defined as running into a pedestrian, property, or another vehicle and then leaving the scene of the accident without leaving any of your contact information.  The penalties can include heavy fines and even imprisonment, but vary across the states.  One thing you can be sure of is that if you fled the scene of one of these types of accidents and were later caught and convicted, this incident will be kept on your driving record for a very long time.

    Ignoring the consequences you now face will only make matters worse.  You are walking into a lose-lose situation, based on the fact that not only are you facing criminal charges, but you have no one legally representing you.  Having a lawyer by your side is the only way to face the music if you want to ensure you receive the best outcome possible based on the facts of your case.

    We have the answers for your questions.

    1. What are my rights?
    2. Will I have to do jail time?
    3. Is there a fine I will have to pay?
    4. Will I lose my license?
    5. Will I have to pay damages to the people/property involved?
    6. Is there a way to get my charges reduced or even reversed?

    You made a mistake - there’s no reason to make another one.  Call us today to set up a consultation so we can look at the facts of your case and make a plan that will protect your interests.

    Monday, March 4, 2013

    I've Missed My Court Hearing? How Can A Criminal Defense Lawyer Help Me

    Miami Criminal Defense Attorney Eric Kay Explains What to Do if You Miss Your Court Date

    You missed your court hearing. Maybe you were mistaken as to the date. Maybe you couldn't get the time off work, or maybe you had planned to attend but one of your children got sick. Or you simply didn't think it was a big deal to miss. Whether intentional or circumstantial, the court does not tolerate absences. As far as the sitting judge is concerned, you were ordered to appear, and you failed to do so.


    The reality is:  Missing a court hearing is a serious offense in the eyes of the court, and will most likely result in the court forfeiting your bond and issuing a warrant for your arrest.  The forfeiture of bail means that any money paid to secure your release will not be returned to you.  Having a warrant out for your arrest guarantees that you will be arrested on the spot if stopped for a traffic offense, or if you have any unplanned contact with law enforcement; more importantly, you can be arrested without advance notice either at your home or place of employment.  

    The court does not take this offense lightly.  


    • If you missed a court hearing related to a criminal traffic matter, then the consequences could lead to losing your license and/or driving privileges.   
    • If you missed a family court hearing, then you could be placed in contempt of court, which means that you have not complied with the court’s orders or requirements; therefore, you could face a fine or even jail time.  

    One factor the court may consider in how much jail time to issue could be related to how long you remain in contempt of court, so the best thing to do is to resolve the issue in a timely manner.


    Here’s what you can do to avoid the hassle and embarrassment of being in such situations.

    The first step you should take is to call your criminal law attorney or the clerk of courts for the jurisdiction that your case is pending in and find out if a warrant has been issued.  If this is the case, you have two options.  


    • The first is to go to the court and turn yourself in. You may or may not be given bail or pretrial release options at that time.  Your matter would then be rescheduled, but you may be forced to sit in jail until the time of your next hearing if no bond is issued.
    • The second option is to hire an attorney to approach the court on your behalf for missing the hearing.  
    A criminal law attorney can coordinate your surrender and argue the circumstances for your release all in one hearing, which often results in a reinstatement or reissuance of bond, either of which would effectively keep you out of jail while your case is pending.  The likelihood of success is reduced however, if you have a history of multiple missed court hearings or failures to appear.    


    You can attempt to represent yourself, but a criminal law attorney comes to the court with a wealth of knowledge and experience as to the legal standards that the court will consider in deciding whether to apply leniency and allow for your continued release. This will make the process go more smoothly and give you the best chance at success.  

    Call us today, so that we can walk you through this difficult process and help reduce the stress of this difficult situation.