I was not arrested; I was given a Notice to Appear, what is the difference?
A. Under Florida law a Notice to Appear acts the same as an arrest. The difference is the police officer on the scene makes a determination to release someone without booking them in; instead, the police officer requires the defendant sign for a court date within thirty days that compels a mandatory court appearance. If the defendant fails to appear the judge in turn will issue a Capias or bench warrant, which is returnable to that judge only. In some instances a defendant will not be arrested or receive a Notice to Appear, instead, they will receive or be served with a Summons which will compel a mandatory court appearance. Failure on the part of the defendant to appear may result in the judge issuing a Capias or bench warrant in that case as well.
Related Questions
- What guidance is available around choice of care setting/care home given the economical difference in costs associated to both when the PCT is responsible for funding?
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- I was given a Criminal Report Affidavit (CRA) or Notice to Appear, what does that mean?
