There is no specific time for someone to remain in jail in Florida for missing a court date. The consequences and length of jail time can vary depending on several factors:
- A bench warrant or alias capias is typically issued when someone fails to appear for a scheduled court date. This allows law enforcement to arrest the person and bring them before the court law enforcement to arrest the person.
- Many bench warrants are “no-bond” warrants, meaning the person cannot bond out of jail after being arrested and must wait until their next court appearance is scheduled for no-bond warrants.
- The severity of the original charge impacts the consequences:
- For misdemeanors, failure to appear is a first-degree misdemeanor punishable by up to 1 year in jail first-degree misdemeanor.
- For felonies, failure to appear is a third-degree felony punishable by up to 5 years in prison third-degree felony.
- The judge has discretion in determining how long someone remains in jail. They may hold the person until the next available court date or set a new bond amount, and the judge has discretion.
- Having an attorney file motions to withdraw the warrant or set a new court date can potentially reduce jail time motions to withdraw the warrant.
- Turning yourself in voluntarily or having an attorney arrange your surrender may lead to more favorable treatment than being arrested arrange your surrender.
- The reason for missing court (e.g., medical emergency, lack of notice) can impact how the judge handles the situation reason for missing court.
As said, There is no set time for someone to remain in jail, but they may be held until they can appear before a judge to address the failure to appear. Working proactively with an attorney to resolve the warrant is generally recommended to minimize potential jail time. The specific circumstances of each case will determine the outcome.