Notice to appear: When it is issued and what it means

While many people may assume that a criminal charge will result in an arrest, local authorities will not necessarily take you into custody immediately if they have reason to believe you’ve committed a crime. According to Florida law, the court may instead issue a notice to appear, which essentially informs you of the charges lodged against you and requests your attendance at a specified court date.

A notice to appear may be issued by an arresting officer or booking clerk. It is equivalent to an arrest warrant, but does not require you to remain in police custody while your issue is resolved, and could be deemed appropriate if the local authorities don’t have grounds to believe that you may not appear when summoned.

Florida law states that an arresting officer will likely issue a notice to serve for a first- or second-degree misdemeanor, provided the accused does not:

• Fail to provide necessary details for identification, including name, residence, etc.
• Give cause to believe that they may harm themselves or others if not in custody
• Have a past record of failing to respond to court summons or violating other ordinances
• Have an outstanding criminal charge in the area (or give cause for the officer to suspect so)
• Have substantial ties to the area that would indicate they are likely to turn up as instructed
• Refuse to sign the notice.

If the arresting officer does take the accused into custody, the booking officer at the police station may issue such a notice if the employment history, character, conviction and court appearance records, residence and ties to the community, among other factors, lead the officer to believe the party in question will honor the document.

Have your received a notice to appear? If so, you may benefit from the counsel of a Miami criminal defense lawyer. Scott A. Ferris, Esq. is an experienced Miami criminal defense attorney who will promote your best interests seven days a week.