Motions to vacate?

[stingray600]

What is the name of your state? Florida

My lawyer sent in "Motions to Vacate my warrants" and set a court date...It has been slightly over a week since he said that he "filed" those. How long does this normally take?

I would hate to bother him all the time to see what is going on. I have never heard of something like this before..Any help is appreciated.

 

[JETX]

My lawyer sent in "Motions to Vacate my warrants" and set a court date...It has been slightly over a week since he said that he "filed" those. How long does this normally take?

It normally takes as long as it takes for the court to respond.

 

[seniorjudge]

What is the name of your state? Florida

My lawyer sent in "Motions to Vacate my warrants" and set a court date...It has been slightly over a week since he said that he "filed" those. How long does this normally take?

I would hate to bother him all the time to see what is going on. I have never heard of something like this before..Any help is appreciated.

A week in normal time is a microsecond in court time.

Also, there is no guarantee that your lawyer's motions will be successful.

In fact, I'd bet against it.

 

[garrula lingua]

Are you paying the atty by the hour ? or flat rate ?

 

[stingray600]

Sorry that I placed a similar post...I did not see this one was responded to.

I know there is no gaurantee for them to be vacated...HOWEVER

I was in state Custody when I was supposed to appear in court! I was a Juvenile and apparently Juvenile courts have a hard time talking to Traffic Criminal Courts.

I have checked the dockets over and over and over...still nothing...I called the clerks office and they see nothing as well.

I just want to know so that if I have to post Bond I can just go and do it and get on with life and get a court date set. I was planning on the enlisting in the USCG but I have to get this out of the way first.

I am paying flat rate $5500

 

[garrula lingua]

Quote:
My lawyer sent in "Motions to Vacate my warrants" and set a court date

So ... when is the court date ?
You usually have to appear with the atty in order to have the warrant(s) recalled and quashed (in some cases, a Judge will waive defendant's personal appearance on traffic warrants (often), misdemeanor warrants (rarely). Felonies usu require personal appearance.

Quote:
I would hate to bother him all the time to see what is going on
I am paying flat rate $5500

5500 to just 'vacate' the warrants ?
or through trial on the original charges ?
or short of trial on the orig charges ?


You have paid for specific representation.
Be sure you understand what service, exactly, the atty has agreed to provide.

I've never heard of a written 'Motion to Vacate a Warrant'. (Why bother ?)
Attys just appear with the defendants in court and request that the warrants be recalled and quashed - it's usually a verbal motion & after discussion, the Judge may comply if the situation merits or s/he'll order that the defendant be placed in jail, with or without bail set (make sure your atty is ready to argue for bail & have someone with bail money with you).

The underlying charges then have to be resolved.

Annoy your atty - that's part of what s/he is charging you for.
It's included in the 'flat rate' and it's important that you understand the process and your potential for payment of further fees to resolve the original charges.
Make a list of your questions and call the atty.

 

[stingray600]

Okay I got an update...however I got it on my own!

This is what I see:

9 MOT - MOTION
Filing Date: 04-FEB-2008
Filing Party: PARTEN II, ROBERT M
Disposition Amount:
Docket Text: TO VACATE D-6 AND CAPIAS GREG ROSS
__________________________________________________________________________________________________________________________-
10 ORD - ORDER
Filing Date: 04-FEB-2008
Filing Party: PARTEN II, ROBERT M
Disposition Amount:
Docket Text: ( MARTZ ) NO ACTION SPOKE WITH GAIL AT ATTYS OFC EXPLAINED THEY EITHER NEED AGREEMENT FROM STATE ATTY OFFICE OF HRG TO ADDRESS MOTION.


I have 7 cases...6 are from when I was a kid 2001 and 2002 - There is ONE from 2005 it is for Fleeing and Eluding (Misdemeanor) Driving on Suspended License, running a red light, etc etc ( I made stupid choices when I was a little younger).

All are Misdemeanors, however I have heard of something called "Habitual Offender" what is this and what constitutes this?

It was $5500 for full representation from the start to Finish..Does not include court costs, tickets etc

 

[garrula lingua]

Sting,
Take out all personal info in your post.
Delete the names

Forget about the atty rate - it's just that you should ask your atty more questions.

Habitual traffic offender status is determined based on how many vehicular violations you receive. In most states it means some jail time, and, I believe in Florida, it also means five years of driver's license suspension.

Your atty is probably trying to argue against that status, as your convictions are hitting all at once, though they were committed over a long period of time. Your atty may be brilliant and is trying to prevent additional jail time and license suspension due to the warrant status (your not having taken care of them at the time it happened).

From your charges, it does appear you are going to be doing some jail time (you are the prefect model of a scofflaw, Sting).

Ask your atty how much time the Prosecutor is asking for - put it on the list of questions for him.
Ask your atty if any of your 'priors' are triable (however, the failure to appear usually carries a similar punishment, so it's often useless for people in your situation to go to trial; it may spare the habitual offender status).

Ask the questions of your atty.

 

[SHORTY LONG]

Also Sting, you yourself delete your other post at:
https://forum.freeadvice.com/showthread.php?p=1830036#post1830036

 

[stingray600]

Well I see what you mean by I being the perfect example of scofflaw, but I screwed up big time as a kid. I messed up once in 2005, and haven't been in trouble since.

When you say jail time...how long? I mean It's not like I murdered someone, or did a hit and run accident.

Do you suppose that just heavy fines, Community Service and 5 years suspension is likely in a plea bargain?

Also, what do you mean by the FTA's carry similar charges? The stuff is so old I have a chance when it goes to court that the officer won't show up.

However my lawyer told me that sometimes a charge is so old that it can't be taken to court? What does this mean...if it's true?

I am in school so I am afraid that if I have to serve time I may be dropped from school.

 

[garrula lingua]

On cases where a defendant doesn't show up in court, a 'failure to appear' charge is usually added.

All a Prosecutor has to do to prove that charge is call the court clerk and question the clerk regarding appearances by defendant or an atty for the defendant ... sometimes the Judge will simply take judicial notice of the failure to appear in the court's file.
The FTA is a hard charge to beat - you usually plea bargain it away.

It doesn't matter if an officer/witness shows on the original charges - not when the FTA will produce sufficient (or greater) punishment/consequences.
Think about it - the system has to, easily, punish those people who hide and don't come to court after due notice.

Who knows what the Prosecutor offered on your case, and what the Judge will allow ??

There will probably be jail time involved.
Ask your atty what the offer from the Prosecutor was.

Ask your atty.