My Lawyer was tied up in another county with 70 cases and could not be present, he left letters with judge Da's and clerk of court and the judge tried the case anyway without my lawer present,Case was for cuminicating a threat.
2006-08-07 14:36:33 · 6 answers · asked by danny_reason 1 in Politics & Government ➔ Law & Ethics
Each courtroom is a judge's little kingdom. They can do what they want to do. Most of them have an ego that is the size of Alaska. That does not make it legal, nor does it make it right. They have the power but not the right.
If this was done to you you should appeal the conviction and report the judge to the North Carolina bar and the NC Supreme Court. Your lawyer is at fault here as much as the judge.
2006-08-07 15:00:23 · answer #1 · answered by lcmcpa 7 · 0⤊ 0⤋
I live in North Carolina, and I believe that it is the responsibility of you and your lawyer to be in court the day of the court date. Unless the case has been layed over through the proper channels of the court system. If you choose to get your own lawyer when arrested, or you get a court appointed attorney, then it is not up to the courts to make sure that you or your lawyer are there for the assigned court date, this is yours and your attorneys responsibility. The law says that you have the right to have an attorney present, if you can't afford one, then they will give you a court appointed attorney. Not that it is not going to hear the case because your attorney could not be there. It is up to you an your attorney to show up for the court date. The courts will not change there schedule to suit your lawyers, or anyone else's lawyers schedule. Well, not always, it does for some lawyers more than others.
2006-08-07 17:46:20 · answer #2 · answered by protech 1 · 0⤊ 0⤋
If your Lawyer was not permitted or able to be in the Court with you, you have grounds for appeal, unless you consented to go ahead without your Lawyer.
2006-08-07 16:42:07 · answer #3 · answered by Angela B 4 · 0⤊ 0⤋
I'd be suprised if this wasn't grounds to vacate the conviction. The right to counsel at trial is an absolute 6th Amendment guarantee.
Your attorney has great grounds to appeal.
2006-08-07 15:25:47 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
This should be grounds for an appeal -- although I would recommend getting another lawyer to handle it.
2006-08-07 14:42:38 · answer #5 · answered by BoredBookworm 5 · 0⤊ 0⤋
Was it a criminal matter or a civil restraining order case?
2006-08-07 16:52:56 · answer #6 · answered by Carl 7 · 0⤊ 0⤋