Resisting An Officer Notice To Appear
A notice to appear is a criminal charge in Florida. That is why the notice to appear has a court date and time on it. A notice to appear is NOT a civil citation like a traffic ticket. The notice to appear is the officer’s way of charging a person with a criminal offense without having to arrest the person and take them to jail. Officers can issue a notice to appear for certain misdemeanor charges like resisting an officer without violence. If you do not appear in court as required a warrant will be issued for your arrest.
At the first court appearance, the arraignment, the person issued the notice to appear will be required to enter a plea to the resisting an officer without violence charge. The options are not guilty, guilty or nolo contendere(no contest). If the person enters a plea of not guilty they will be given another court date and the judge will ask the person if they are hiring a lawyer or representing themselves. If the person pleads guilty or no contest then the judge will impose a sentence. Since resisting an officer without violence is a criminal charge a plea of guilty or no contest will remain on your record for the rest of your life. Resisting an officer without violence is a first degree misdemeanor punishable by up to 1 year in jail, up to 1 year on probation and up to a $1,000 fine. The judge can also include in the sentence anger management counseling, a letter of apology to the officer(s), community service, cost of investigation, cost of prosecution and court cost.
Some people who are issued a notice to appear for resisting an officer without violence are eligible for a Pre-Trial Diversion Program. If they successfully complete the Pre-Trial Diversion Program the State Attorney’s Office will drop the resisting an officer without violence charge.
The mistakes the officer made in your case can mean the difference between a conviction and a dismissal. Officers are trained to follow the law and to conduct investigations properly but everyone makes mistakes, including police officers. Chris is a former prosecutor who has over 20 years experience defending people charged with resisting an officer without violence. Resisting an officer without violence charges can be beaten for many reasons. The consultation is free so call 407-740-8300 or email Chris at [email protected] to find out how Chris can help you.