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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Question DUI Procedural Issues

    My question involves criminal law for the state of: Florida

    Ok...So here it is. I was arrested on suspicion of DUI May 2004. My first court appearance was the next morning. Bail was set at $500 and my Arraignment was set for July 21, 2004. I knew the judge personally so he had to recuse himself. After that I received no notice regarding another Arraignment. I had to leave the country because I was moving to Japan. I left on August 31, 2004. The FTA was issued by Judge Marshall on November 16, 2004, but I was never served with the Notice to appear. The Judge Belle B. Shumann was not appointed to the bench until 2005, so I could not have been served with a Notice to appear from her courtroom either. What should I make of this and will I be able to get the Bench Warrant set aside? (Court Record Below)

    11/16/2004 08:30 AM CRIMINAL ARRAIGNMENT 70 - Peter F. Marshall COURTROOM 1 - VOLUSIA COUNTY COURTHOUSE YES

    09/28/2004 08:30 AM CRIMINAL ARRAIGNMENT 70 - Peter F. Marshall COURTROOM 1 - VOLUSIA COUNTY COURTHOUSE NO

    08/12/2004 01:00 PM CRIMINAL ARRAIGNMENT 83 - Belle B. Schumann COURTROOM 4 - COURTHOUSE ANNEX RESET YES

    08/12/2004 08:30 AM CRIMINAL ARRAIGNMENT 83 - Belle B. Schumann COURTROOM 4 - COURTHOUSE ANNEX NO

    07/21/2004 08:30 AM CRIMINAL ARRAIGNMENT 83 - Belle B. Schumann COURTROOM 4 - COURTHOUSE ANNEX NO

    MORE QUESTIONS

    1. What is "Proper Notice" when discussing the issuance of bench warrants?
    2. Under what circumstances would a Judge be listed in my court record, who had not been appointed until the year after my arrest?
    3. How long does it usually take to reassign a case after the initial judge recuses himself?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DUI Procedural Issues

    Why do you think you need to be served with bench warrants? You knew you were supposed to go to court, and did not do so. Had you been there you would have seen the judge authorize the bench warrant.

    Sometimes judges resign, retire or are reassigned, such that a new judge is assigned to an existing case. Reassignment usually doesn't take long at all.

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