What if the court has no record of your misdemeanor?

UPDATED: Sep 8, 2011

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What if the court has no record of your misdemeanor?

My 18 year old son was caught shoplifting. He was given a citation by a police officer with a date and time to appear in court. We went to the court but they had no record of his arrest or the crime. They told us we could go and that the officer probably just lost the paperwork. Is there anything we should do?

Asked on September 8, 2011 under Criminal Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your son was cited for shoplifting but the paperwork has been lost where there actually is no hearing date let alone filed charges with the court, then your son has nothing to appear for in court.

However, to be in the safe side so that he is not charged with any failure to appear in court where a bench warrant would be issued, he should consult with a criminal defense attorney about the current situation. If it appears that the citation was lost and no criminal charges were filed against your son, he is very fortunate indeed.

Hopefully he has learned something from this experience.

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