Q: What Can I Do If My Attorney Or The State Attorney Fail To Inform Me That The Had Filed Charges and That I Have New Court Date? The Court Issued Bench Warrant.
A: Chosen as Best Answer by Asker on AVVO!
9
Lawyers agree
Answered . While your lawyer has a responsibility to keep you informed of the status of your case, it is neither your attorneys nor the State Attorney's job to inform you of court dates. It is the responsibility of the Clerk of Court to mail a notice to your address. It is your job to either receive your mail directly or through a third party, and to make certain that your address is correct in the Clerk's computer system (the address that they have will either be taken from your DL or State issued ID or that which you verbally provided to law enforcement at the time of your arrest and if it is incorrect, or if you don't check it, then you will not know when you are supposed to be in Court).
The State Attorney is your adversary. The only thing they will give you notice of is their intent to seek enhanced penalties. Your lawyer is your lawyer, not your babysitter, secretary or personal assistant. Like it or not you have some responsibility, including checking your mail. (As an aside you should be able to log onto the Clerk's website and view your case...).
That said, your should call your lawyer, ask her/him to file a motion to set aside the warrant, then make certain that your address is correct in the Clerk's system and then check your mail.
Good luck.
The State Attorney is your adversary. The only thing they will give you notice of is their intent to seek enhanced penalties. Your lawyer is your lawyer, not your babysitter, secretary or personal assistant. Like it or not you have some responsibility, including checking your mail. (As an aside you should be able to log onto the Clerk's website and view your case...).
That said, your should call your lawyer, ask her/him to file a motion to set aside the warrant, then make certain that your address is correct in the Clerk's system and then check your mail.
Good luck.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1
@Sharky910 / www.criminallaw.miami / www.haberpa.com / www.facebook.com/haberpa /
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com
LIKE www.facebook.com/haberpa ~ FOLLOW http://habercriminallaw.blogspot.com ~ SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #Crime #Criminal #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalAttorney #CriminalDefenseAttorney #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #MiamiCriminalDefenseAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DomesticViolence #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Seal #Sealing #Expunge #Expungement #CriminalRecord #CriminalHistory #Probation #ProbationViolation #VOP #PVH #PO #ViolationOfProbation #ProbationViolationHearing #PSA #PublicServiceAnnouncement #Warrant #BenchWarrant #Capias #AliasCapias #CourtNotice #QuashWarrant #MotionToVacate #MotionToVacateWarrant #MotionToQuashWarrant #Motion #MotionToQuash
No comments:
Post a Comment