What is a Notice to Appear?

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A Notice to Appear may look like a ticket or citation, but it has the same effect as if you were handcuffed and taken to jail. Being issued a Notice to Appear often gives a false sense of security that the case isn't that serious, but if you have been issued a notice to appear, you are facing the same potential consequences as if you had been arrested. Call the experienced Jacksonville Criminal Defense Attorneys of Lasnetski Gihon Law today to discuss your Notice to Appear. We will discuss your options, potential diversion programs, driver's license issues, evidence or lack thereof, possible defenses, and otherwise answer your questions during a free phone or in-person consultation.

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A "Notice to Appear" is defined in Florida Rule of Criminal Procedure 3.125:

a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violation the law to appear in a designated court or governmental office at a specified date and time.

Police officers can issue a notice to appear instead of actually arresting you. As a practical matter, the officer would issue you what looks like a citation. You would schedule a court appearance and then the criminal process would be the same as if you had been arrested. In Jacksonville, if you are issued a notice to appear, your first court appearance will be in front of a criminal county court judge. That judge will often relay the State's offer to you and will ask you if you want to resolve the case that day. You should never resolve a criminal case without consulting with an experienced criminal defense attorney. There are statutory traps that you may not be advised of by the judge or prosecutor, including a suspension of your driver's license, inability to get your record sealed or expunged, deportation, and many other collateral consequences.

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