Florida law allows law enforcement officers to issue a “Notice to Appear.” The notice will contain specific information including the name and identifying information of the person being charged, the reason the officer has for believing a crime was committed and the information needed to schedule your court appearance.
Notice To Appear Compliance
A notice to appear may be issued in lieu of a physical arrest. Make no mistake – the officer has arrested you! While a judge issues a summons to court, Mitigating conditions that may result in an officer issuing a notice to appear versus physically putting you in a jail cell include:
- Whether you have prior convictions
- Whether you have appeared in court previously
- Whether the alleged crime is a felony or a misdemeanor.
- Contacting Prosecutor– In some cases, we can work with the prosecutor to fight the charges and get them dropped before you are required to appear in court.
- Potential referral for a diversionary – Some charges may be dismissed by determining if you are eligible for a Pre Trial Intervention (PTI) Program which will allow you an opportunity to have the charges dismissed once you have completed the program requirements. PTI is not automatic for first time offenders. We often gave to fight to convince the State of Florida to refer your case to the PTI program.
- Case Resolution– Early negotiations may allow us to resolve the case before the judge which can mean only a fine and help you avoid more serious outcomes including conviction, jail time or probation.