Notice To Appear

County Notice to Appear Lawyer

Have you received a Notice to Appear for a misdemeanor crime or criminal traffic infraction in Orange, Osceola, Seminole or Brevard County? If so, you have been accused of a crime and should call Notice to Appear Attorney Heiko Moenckmeier at 407.504.1384 to find out about your rights today.

What is a Notice to Appear?

A Notice to Appear is a paper arrest, and is treated the same as an actual arrest. It is a citation issued by law enforcement when they feel that the crime is minor and no arrest is necessary. It is a little known fact that officers don’t ALWAYS have to arrest someone they caught committing a crime (so long as it is a non-violent crime), and notice to appear citations are most often given to someone who has committed a non-alcohol related traffic infraction, or a petty theft or drug crime, often by a first offender. A Notice to Appear may also be issued for violations of a Municipal Ordinance or County Ordinance.

You may have received a notice to appear for a possession of marijuana and/or paraphernalia case in Osceola County, Orlando, Sanford Lake Mary, Volusia, or some other county in Florida. The good news is that you didn’t get arrested and have to spend the time getting booked, and getting your mugshot strewn all over the internet.

Your notice to appear is actually the beginning of speedy trial, which, for a misdemeanor, your right to a speedy trial is 90 days from the date of (arrest) your receipt of the Notice to Appear.

What’s the Bad News? Do I need an attorney? This doesn’t seem serious.

The bad news is that a Notice to Appear IS actually an arrest. Just because you received a paper arrest doesn’t mean that the actual charges themselves aren’t serious. There is no distinction by the Court system between a Notice to Appear and an actual arrest- they are prosecuted the exact same way.

Furthermore, if you Fail to Appear in Court, a warrant will be issued for your arrest. You can avoid going to Court by hiring a private attorney as soon as possible, preferably several weeks before your court date. When you hire private counsel, the attorney will submit paperwork waiving your appearance and that the attorney will make most future appearances on your behalf.

Maximum jail sentences can be anywhere from 60 days to 365 days in jail per charge, with probation imposed up to 12 months per charge, and up to $1,000.00 in fines. Some convictions to certain crimes also carry driver’s license suspensions, even when no vehicle was involved in the crime! A conviction stemming from a Notice to Appear can have bad consequences for your employment or school program, and can leave you with a permanent criminal record!

You should DEFINITELY consult with an experienced criminal defense attorney, call 407.504.1384 to speak with local lawyer Heiko Moenckmeier now!

Why Hire Attorney Heiko Moenckmeier?

Hiring attorney Heiko Moenckmeier can save you time, anxiety, and money in the short run, and save you in the long run. Mr. Moenckmeier has dealt with thousands of criminal cases and is looking out for you on things you don’t even consider, or know about. Often, people have never been in trouble with The Law, and have no idea the ins and outs, and whether or not they’ll go to jail, or how serious the charges are. A minor crime can ruin a person’s years of hard work as a good citizen, or student, or their job status.

Attorney Moenckmeier has been doing mainly criminal defense since 2007, starting at the Public Defender’s Office in Orlando and then opening a boutique law firm in 2010. He understands your fears, and knows how hard it is to take time off from work or school repeatedly for multiple hours of the day. He will work hard to keep you out of Court and get back to your normal life, while doing the worrying and the fighting for you.

DEFENSES:

The same defenses that we use in ordinary arrest cases will apply to your Notice to Appear. Oftentimes, shoddy police work can be a positive factor in your case. This happens often in a Notice to Appear type case because the police treat it so casually. (We call this a lack of a factual basis) Other issues are whether or not the officer read you your Miranda Rights, or whether they had the legal right to encounter you in that particular situation. (Motions to Suppress Illegal Stop, Search, and Seizure) Sometimes, the number of officers (a show of overwhelming force) can be a defense to your crime. Of course, each case has its own quirks, so it’s best if you consult with Attorney Heiko Moenckmeier in order to find out what YOUR BEST DEFENSES ARE! Attorney Moenckmeier can be reached at 407.504.1384 for your private free consultation on your case.

CHARGES THAT NOTICES TO APPEAR CAN BE ISSUED:

  • Marijuana under 20 grams
  • Possession of Paraphernalia
  • Disorderly Conduct
  • Petty Theft
  • Driving While License Suspended
  • No Valid Drivers License
  • Expired Tag