Failure to Appear

A process server was unable to serve me with a summons to appear in court. He went back to the court and said there was no such address. A warrant was then issued for my arrest for failure to appear. My address is legal and have resided there for 20 years.

How could I appear if I didn't know there was a court date. I was subsequently arrested and notified the state atty had refiled a charge that he previously had filed a "nole prosequi" on. This is dirty pool, do I have any recourse for damages against the state. Were my rights violiated? This is in the state of Florida.

I recently have gone through a similar display of state incompetency. I was arrested last week on a warrant issued for a noise violation in 1999 that was paid 2 days afterward but never properly filed. I have access to advice from many lawyers as a law student and wondered just the same thing. Unfortunately, incompetancy precludes the court system itself and the only "damages" you might be awarded would be that of a simple apology.





non omnia possumus omnes