QUESTION
Will I do jail time for a simple battery ticket first offence?
Asked on Oct 18th, 2012 on Criminal Law - Florida
More details to this question:
I missed my last court date and did a night in jail for a bench warrant and in order survive I had to relocate out of state where I have family to help me till I can get on my feet and have no way back to get to my court date. I am very scared because I have never been to court for anything other than a traffic violation and I don’t want to do any more jail time for this.
9 ANSWERS
James Edward Smith
No.
Answered on May 21st, 2013 at 2:45 AM
Steven D. Dunnings
If you moved and did not provide the court a change of address, chances are you got notice of another hearing date, failed to appear, and have another warrant for your arrest. Just break down and hire an attorney.
Answered on Oct 22nd, 2012 at 11:30 PM
Michael J. Breczinski
Well you want to contact you attorney if you have one and see what can be worked out. without knowing all the facts I am unable to advise you properly. Remember this is a CRIMINAL charge and a conviction gives you a record.
Answered on Oct 22nd, 2012 at 11:12 PM
Gary Moore
Probably not, but don't relax completely. Take the charge seriously.
Answered on Oct 19th, 2012 at 9:02 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You need to face the music. Since you're out of state, you should hire a lawyer in the area where you have been charged to handle the case for you. The good news is that people rarely do jail time for first time simple battery charges. That being said, you still need to face the music and take care of this. Good luck.
Answered on Oct 19th, 2012 at 6:22 PM
Simple battery can result in a misdemeanor conviction. Depending on the facts you could face up to 93 days in jail or 1 year in jail. Provided that there are no serious injuries, and you have a clean criminal record, you are not likely to do much time. The best way to stay out jail is to hire a criminal defense attorney. The attorney will have more credibility with the prosecutor and the judge, and he may be able to secure a sentence with nothing more than probation.
Answered on Oct 19th, 2012 at 5:18 PM
You need to hire a lawyer, who can go to court without you to recall the warrant and put the case back on calendar. That's a lot less risky than you showing up by yourself.
Answered on Oct 19th, 2012 at 5:12 PM
I would be sure to show up for the Court hearing as you already have a history in the Court's eyes, of not showing up. You may have already violated your bond by leaving the state, unless you got the Court's permission to leave. The Court probably has appointed you an attorney and you should consult with them and follow their advice. If you do not show up, jail time and other charges are likely to result. Otherwise, with just a traffic ticket, assuming it was not alcohol, suspension or a more serious type of charge makes jail unlikely. Good Luck.
Answered on Oct 19th, 2012 at 5:02 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to pull together the funds to hire an attorney for the battery charge. It can probably be resolved. When you hire a private attorney, you may not have to attend court until the attorney tells you to. You can waive your appearance at pre trials. Without knowing the precise facts associated with the alleged crime, it is very difficult to say whether incarceration will be required. Get an attorney asap. You must attend court or you will be arrested again.
Answered on Oct 19th, 2012 at 3:54 PM