(11-09-2010 08:13 PM)UCFKnightfan08 Wrote: Ok it makes a lot more sense that he missed it now. I am sorry that he has to deal with a death in the family. Still should've contacted the court house prior, but at least its not like he blew it off.
Well I am not sure about the laws in FL but you can not just call a Court House and request a continuance in North Carolina, you have to be present in court to make this request. Also you are assuming he had legal representation, which is doubtful as I am sure his attorney would have shown up in court and explained the situation and would have requested a continuance.
If you fail to show for court no matter the reason and Bench Warrant is issued by the judge for failure to appear.
I had a major snafu happen to me several years ago. I recv'd a minor traffic violation while I was in the Mountains ( I live on the coast ). I was just going to mail the ticket in and pay the fine thus not having to show up in court.
Well I waited a little too late to mail the ticket to the courthouse with my fine payment. Needless to say it did not get to courthouse on time. Well a Bench Warrant was issued to my home County for failure to appear. When the ticket and my payment was recv'd by the Courthouse in the Mountains they failed to withdraw the the Bench Warrant.
Low and behold one Saturday morning I was awaken by a Police officer knocking on my door with a warrant for my arrest. I explained the situation and showed him my stub for the money order I sent for the payment of my ticket. No dice, the cop took me to his car which was parked in front of my residence, put me against his car, and cuffed my while all of my neighbors were watching. They took me downtown to the police station, took my mug shot and prints. Then they took me to the Jailhouse put me in a holding cell, gave me the jail clothes and took all my clothes. 2 hours later they let me make a phone call to my wife who had to come down to the jailhouse and post $500 bail to get me out.
The next Monday I called that County's Clerk of Court and they said yeah we got your payment and we will send you a check back for your $500 bail and said I did not have to show up for court on the Failure to Appear Warrant. I started to get a little pissed and inquired why they did not recall the bench warrant and their response was "well it is your obligation to show up for court or make sure your payment is recv'd prior to your court date"....Needless to say while I was pissed there was not much that I could say.