IfI was never served or given any notifactionof a hearing, is it legal for the court to issue an arrest warrant for failure to appear?

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IfI was never served or given any notifactionof a hearing, is it legal for the court to issue an arrest warrant for failure to appear?

It’s a DUI case that was dismissed by then refiled. I was never served any summons of the hearing. The arrest warrant was issued 10 days prior to the statue of limitations being up.

Asked on January 27, 2012 under Criminal Law, Florida

Answers:

Philip Petersen / The Law Offices of Philip Petersen

Answered 9 years ago | Contributor

Generally speaking to the limited facts presented:

First, you should hire a competent attorney, licensed in the area in which this action is pending, and fully discuss all of the facts with that attorney.

Generally, if a case is "dismissed" it is usually nol prossed (short for nolle prosequi, a Latin term), functionally meaning it is "dismissed without prejudice", and the district attorney (or other prosecuting agency) has the option to refile within the applicable statute of limitations.

Generally, if the case is refiled, an arrest warrant is then issued.  It appears from your question and the additional information in the follow up that you are confusing a "failure to appear" (FTA) warrant with an initial arrest warrant.  If the case was "nol prossed" and then refiled, you should have been arrested on a new arrest warrant, not an FTA warrant.  You are generally not given notice of a new arrest warrant on a newly filed or refiled charge.

You should fully discuss the facts of your case with a competent attorney to determine a more accurate answer to your question.


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