Warrants

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Warrants

law_qsc3Do you have an outstanding warrant? Let Rebecca Hamilton help you remove it. Warrants can cause unnecessary anxiety, as you never know when you may be picked up. They prevent people from being able to travel and enjoy their lives in general.

When you call Hamilton Law, Rebecca will assess your situation and decide the best course of action for you. If it is necessary to personally appear in the county to have your warrant removed, it is great to have your bail bondsman prepared to do a “walk through” with you. This means that the jail knows you are coming to turn yourself in and makes the process smoother and quicker. Plus your bondsman will prepare you in advance to reduce anxiety. Rebecca will address this with you when you call or come in for an appointment.

Depending on what type of case your warrant is about, you may or may not need to turn yourself in. Traffic matters can usually be handled by Rebecca without your personal appearance, saving you time and money.

Misdemeanor warrants may be removed for you by motion at the criminal court complex without your appearance as well, depending on the charge and circumstances.

Constitutional Requirements

The issuance of warrants by a Court allowing law enforcement to enter onto your premises also require constitutional requirements be met. Allegations put into an affidavit are presented to a Judge when law enforcement attempts to procure a search warrant. An accused may challenge whether the probable cause affidavit, relied on by a judge or magistrate, contains probable cause to believe contraband would be in a certain place. Fla. R.Crim.P. 3.190(h)(1)(D).

There is exciting case law developing around the unlawful gathering of a person’s medical records in order for law enforcement to place Doctor Shopping and Drug Trafficking Charges. Stringent requirements must be met before privileged medical information can be used to criminally charge a patient.

A Warrant Means There Is An Open Charge Against You

Once the warrant is removed, you still need to face the charge. It may be a violation of probation or an open misdemeanor or felony.

Rebecca will analyze whether the case is too old to be successfully prosecuted against you. The statute of limitations may have run or a “failure to prosecute” defense may apply. This means your case was filed against you years ago and you had no idea. In addition, law enforcement did not take the measures required by statute to find you.

If want to fight your open charge or violation of probation, you will need to appear in person.

If you decide you want to have Rebecca take care of your case with a plea of no contest, she will likely be able to handle it without you coming to court. This proceeding is handled by Rebecca entering a “plea in absentia” on your behalf. Literally, the court takes your plea in your absence. This is an expedient and inexpensive way to clear up a charge. Rebecca facilitates the paperwork for you, from where you are, by mail and electronic means.

Call Rebecca today at 727-471-3555 to clear up your warrant and charge and move on with your life. You may even be eligible to seal or expunge your record when you are through. Click here for a free case evaluation.


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