
12-01-2007, 08:07 AM
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Junior Member
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Join Date: Dec 2007
Location: Tampa, Florida
Posts: 10
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Attorney Could Help
An attorney could help drop the warrant. The attorney could file a motion to set aside or more appropriately for relief from the operation of the order based upon res judicata or adjudicata not sure how its spelled and because its an expost facto law contrary to the constitution Article I, sec. 9 [3] and because of its super lateness and settled facts.
I think it's a bit off to think that after a final judgment is issued that the charge would be instituted. The case is res judicata, meaning already settled. To issue an expost facto order after the case has been settled is not really legal, expost facto meaning an order or law initiated in contradiction after the fact.
Not certain if they are calling the failure to pay the fines the burglary but if so to set aside an order you must have the following surprise, mistake, excusable neglect, inadvertance or any other reason justifying relief from the operation of the judgment. i.e. lack of money, employment problems, job conflicts and no time for community service or class but "due diligence effort" and need for an extension of time. A motion for extension of time goes a long way in addition. Attorneys can help with that.
If you go into court your probably going to get arrested. An attorney could have grounds to ask for a "continuance" or "time" or to "set aside" or for "relief from the order". An honest apology, commitment and promise to conform goes a long way. Good luck my friend.
Last edited by brianshort : 12-01-2007 at 08:13 AM.
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