What do I do if I receive a notice to appear?
If you receive a notice to appear from a law enforcement officer this will undoubtedly be one of your first questions. The first thing that you need to know is that you have been charged with a criminal offense. Many times people believe that a notice to appear is the same as a traffic ticket, it is not. Most traffic tickets are for civil infractions that can be paid and will not result in a criminal record. A notice to appear requires that you appear in court because you have been accused of a crime. Many times people believe that the charge is not criminal because they were not taken to jail. This can be a huge mistake.
Many times people, who do not understand that they have been charged with a crime, will go to court without consulting an attorney. Then when in court, if they plead guilty to the charge, they may wind up with a criminal record. Over the years, I have spoken to people who were undergoing a background check for a job, only to find that they have a charge on their record that they did not know was criminal. This can obviously be an embarrassment and may even cost them the job. If you have been given a notice to appear, you should not believe that the charge is not serious simply because you were not taken to jail.
If you have been given a notice to appear you have all the same rights as anyone charged with a crime. You have the right to an attorney and the right to make the State prove their case beyond a reasonable doubt. You also have the right to challenge the evidence against you. For example, you can challenge the reason for your detention and any searches by law enforcement. Just as citizens believe notices to appear are not the same as an arrest, it has been my experience that some officers seem to believe the same thing. When we review a case that arose from a notice to appear we often find problems with the State's case. Sometimes the officer will not take steps to preserve the evidence or document the witnesses needed to prove the case in court. Many times officers may not even write a police report.
If you have received a notice to appear in court you owe it to yourself to speak with an attorney before your court date. We can waive your appearance at your first court date and sometimes we can handle the entire case without you ever coming to court. We will demand all of the evidence in your case and look for any problems with the State's case. Even if the State has a solid case we still have options to resolve the case that can prevent a criminal record for most first time offenders. If you would like to speak to an attorney about your notice to appear you can reach one of the attorneys at Thomas & Paulk, P.A. at 813-321-7323. We have an attorney on call 24/7 and always offer a free consultation.
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