What Happens if You Fail to Attend Jury Duty
Jurors perform an essential role in the organization of American justice, with jury service considered an integral duty of citizenship. Nevertheless every year, about 3/4 of those summoned for Florida jury duty don't show up, according to The Sunday-Sentinel.
In fairness, some of those who skip out are legitimately exempt. What many fail to realize is that skipping out on jury duty is against the law and carries a penalty.
So what happens if you miss jury duty? As our Fort Myers civil trial lawyers can explain, in that location are two different answers to this: The possibility and the actuality. That said, information technology is not a service we would advise blowing off lightly.
Florida Jury Duty FAQs
Before we delve into what can happen if you practice not show, let's touch on how the process works.
In Florida, prospective jurors are selected randomly from the Florida Department of Highway Safety and Motor Vehicles records, which include all residents 18 years or older with driver'south licenses or a Florida Identification Carte du jour.
Most jury service stints will last a twenty-four hour period or so, if that. This is considering many cases do non actually finish in a trial. Both Ceremonious and criminal cases are often settled or plea bargained far in advance of a trial, but sometimes these agreements tin can exist reached the forenoon of trial, in the middle of trial or even equally jurors deliberate. Even if you are not selected to serve on a jury trial, as long as you evidence upward as scheduled, the organization will consider your jury service obligation fulfilled for the full yr. (In some instances, you may be given discover electronically the dark before or the morning of that your presence is not necessary. This still counts.)
Under state and federal law, employers must allow their employees time off for jury duty. Employees cannot exist punished for serving as jurors, though it is upwards to the employer'south discretion to pay you during your absence.
Federal courts in Florida pay jurors $fifty daily for their service, plus payment for round-trip mileage from their home accost to the courthouse each twenty-four hour period they serve. Parking fees, tolls and public transport costs are besides reimbursed.
Jurors in Florida state court cases receive far less. Statutes let that for the first three days, if your employer does non pay your regular wages for your service or you are non employed, yous are entitled to $fifteen daily. That gets bumped upwardly to $30/day if y'all serve longer than that, regardless of your employment status. This, of course, is by no means a windfall and one reason many people try to avoid it, if they can. However, the penalisation for a no-evidence tin be much higher.
What Happens if I Fail to Appear for My Jury Service?
F.S. 40.23 holds that failure to nourish equally a juror when you're duly summoned tin can effect in:
- A fine of up to $100.
- Contempt proceedings that could outcome in customs service or other sanctions.
- Possible jail fourth dimension.
If you fail to report, you will get a notice in the mail ordering you to contact the jury section. If you reschedule your service and then report on that date, you avoid penalties.
Let'south say you take a holiday or important date scheduled on that date. Courts do allow you a i-time postponement for which you can defer service for up to six months. Yous may even exist able to select a referral date.
At present for the question of what really happens. At least as it pertains to South Florida, contempt of courtroom charges and punishments for skipping jury duty are pretty rare. The Dominicus-Scout reported that in a total decade, only 33 people from Broward and Palm Embankment Counties (among the largest for population in the country) faced contempt allegations for ignoring jury service or juror misconduct. In that time, just v people went to jail. A few did community service. For many, the event was zero.
Ultimately, information technology will be upwards to the gauge'due south discretion on how to handle information technology. You're more than likely to face consequences if y'all neglect to show upwardly for jury duty multiple times. Occasionally, judges will round up jury duty scofflaws and give them a courtroom date where they will take an opportunity to reply for their failure to appear and give them an opportunity to rectify information technology.
Nevertheless, it is worth noting at that place have been cases where prospective jurors were tossed into jail, ordered to do dozens of hours of community service or had to pay hefty fines as a issue of their failure to announced. The problem for almost people is they likely do not know much most the judge with whom they are dealing.
Lesser line if y'all go a summons for jury duty you should footstep up to the telephone call and do your civic duty as a citizen of the Us; in the outcome that you accept a true disharmonize, you should reschedule your jury service, which tin can frequently do then without penalty. Nonetheless, if you lot receive notice that you are accused of being in contempt of court, talk with an experienced trial lawyer for guidance.
Garvin Injury Law serves the communities of Fort Myers, Naples, Sarasota, Port Charlotte, and Primal W. Contact us at 800.977.7017 for a free initial consultation.
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