Police stopped a Driver and cited him for a Temporary Tag Violation. The Defendant then inadvertently misplaced the Summons and missed his Court date. The Court issued a Bench Warrant for the Defendant’s arrest for his failure to appear on the charge of Temporary Tag Violation.
Temporary Tag Violations in Florida
A temporary tag in Florida is the same as a temporary license plate. These are typically obtained when a car is purchased from a car dealership. The temporary tag is good for up to 30 days. This tag will allow you the time to transfer information and get the car into your name. Individuals that purchased a vehicle from an individual rather than a dealership are not eligible for a temporary tag.
A bench warrant is issued by both criminal and civil judges giving police officers permission to arrest an individual in order to have them appear before the judge. These are issued when defendants do not obey the summons or court order that was issued for them. They can also be issued when an individual does not pay a court fine on time or not complying with terms of probation.
A bench warrant will never expire. Due to this factor, there is not any statute of limitations. Any law enforcement across the world will be able to access information about your bench warrant, as it is entered into a worldwide database.
Bench warrants are not on your criminal record, therefore, they will not show up on your criminal background check. They are found in court records.
Motion to Quash the Bench Warrant
A motion to quash the bench warrant is a measure taken by attorneys that set a new court date for a defendant. The bench warrant will then be revoked. Typically, an attorney will need to explain to the judge why the defendant was not able to appear in court on the said date.
Once the court date has been reset, the defendant will need to appear before the judge. It is typically a good idea to have any documentation as to why you were not able to make the original court date.
Obtaining Attorney Services
If you have received any type of traffic offense, you need to contact an experienced lawyer who can help fight for the rights you have. At Musca Law, we can defend you and often helping lower or drop charges completely! We will make the process of going to court painless, filling out and submitting all necessary paperwork.
RESULT: The Defense filed a Motion to Quash the Bench Warrant and moved forward with a hearing on the matter. The Court GRANTED the Motion and DISMISSED the Bench Warrant against the Client. The defense successfully proved to the Court that the Client mistakenly misplaced the Summons and his failure to appear was not deliberate. The Court ruled no formal finding of guilt against the Client on the Temporary Tag Violation.