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tiggyann

Junior Member
What is the name of your state (only U.S. law)?

florida

I was arrested on a case from over 13 years ago. I tired to turn myself in years ago and told the case was closed.

what I need to know is how do I go about finding out what kind of evidence the courts have against me? shouldn't that kind of information be disclosed to me?

krissy
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)?

florida

I was arrested on a case from over 13 years ago. I tired to turn myself in years ago and told the case was closed.

what I need to know is how do I go about finding out what kind of evidence the courts have against me? shouldn't that kind of information be disclosed to me?

krissy
If you did not go to court, and the matter was closed, no. Had you gone to trial your attorney would have received copies of the reports and such through discovery. As it is now, if the case has been closed and they no longer want to pursue you, then the report and the entire case is probably in the archives of the court and the arresting agency and probably not readily available to you. You may have to hire an attorney to pursue a public records claim if you want to get the record ... or, you can just ask for a copy of the court record and see what they give you.

- Carl
 

tiggyann

Junior Member
well no, the case somehow was reopened and I have a trail date on 2/5/2009. And I need to know how to find out what they suppossedly have on me now, which I was told most of the paperwork is now probally gone. Can't I go to the courts public records department and they should have a copy in the files on what they are supposed to have on me. I have not gotten an attorney yet, I'm waiting for the first court apprearance for the courts to appoint me a public defender.

krissy
 

CdwJava

Senior Member
well no, the case somehow was reopened and I have a trail date on 2/5/2009. And I need to know how to find out what they suppossedly have on me now, which I was told most of the paperwork is now probally gone. Can't I go to the courts public records department and they should have a copy in the files on what they are supposed to have on me. I have not gotten an attorney yet, I'm waiting for the first court apprearance for the courts to appoint me a public defender.

krissy
Your attorney should be able to obtain whatever the state has through discovery at the arraignment. If much of the paperwork has been lost and there is not sufficient documentation to proceed, chances are the matter will be dropped at arraignment.

You can ASK the court for what they have, but, as I understand the court's process they are not obligated to provide this to you prior to arraignment.

If you get a PD appointed, he or she should be able to get the paperwork. When in doubt, it is probably best to plead "not guilty", but that's a calll you have to make.

- Carl
 

tiggyann

Junior Member
Thanks for your advice.


see the original tickets was driving on suspended drivers license and driving with expired registration in 2/1993 and then I failed to apprear in court. I then went to the clerk of the courts in 2005 and surrendered myself and was told the case was closed and I was told that all I had to do was to pay court cost and pay fine and I could get my license back. they then gave me a D6 satisfaction letter, and got my license back. I still have that letter, and I'm going to use that as proof that I did try to clear my name. then on 1/22/2009, I was arrested for failure to apprear in court for what I was told was closed so many years ago.


Well the original tickets was like 10/1992, and 2/1993, so chances are they might not be in the system anymore. I read that in california they delete the tickets after 10 years, I'm not sure how long they would keep them in florida, but hopefully they will be gone here too. Also I don't know how long the DMV keep vehicle registration but hopefully that too will be gone from my record too.
 
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