reset it, will you still get in trouble?
I got an email and phone message with him telling not to worry about showing up, he said he got it reset...
I come to find out I have a warrent out for missing court..
Can I be held responible since I have proof my lawyer told me not to show up?
2007-10-25 07:28:14 · 12 answers · asked by HamThugger 3 in Politics & Government ➔ Law & Ethics
First of all, is there a reason why your lawyer would go to the trouble to tell you that it was reset if it wasn't? Why is that the "path of least resistance" for him? Wouldn't it be easier for him to say "I tried but reset is a nogo, you need to be there"?
I'm taking a wild guess here, but the Truth is probably that he DID get it reset, and can document that with the Prosecutor, but the Prosecutor didn't or couldn't get you off the list of those due in court, and you got the warrant as a matter of course because you didn't answer the call.
Here's what you do. Tell your lawyer about the warrant. He/She will call the Prosecutor, and get it rescinded.
Of course, you could just wait around and complain about it here until you get picked up on the warrant because you ran a stop sign, and by then maybe there's a new Prosecutor and your attorney has moved to Peru, so your email will have no meaning in the hearing on your Failure To Appear.
2007-10-25 07:42:27 · answer #1 · answered by open4one 7 · 0⤊ 0⤋
Ultimately, you are responsible, but you should take your email and see the court and explain what happened. I'm sure the judge will vacate your warrant...and probably have some questions for the lawyer.
2007-10-25 07:31:50 · answer #2 · answered by Night Owl 5 · 1⤊ 0⤋
Provide the proof to the judge and your lawyer will take the rap. All fines and any jail time should be transferred to him. Oh yes, you might want to hire another attorney.
2007-10-25 07:31:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It could have just as likely been a mistake by the court clerk. Don't jump to conclusions. Talk to your lawyer.
2007-10-25 07:32:50 · answer #4 · answered by theHoundDawg 6 · 0⤊ 0⤋
If you have proof i would think your lawyer would get the warrent dropped. but next time i would double check rather then take his/ her word on it
2007-10-25 07:39:48 · answer #5 · answered by jewels 1 · 0⤊ 0⤋
Its called malpractice, and you can sue him.
Of course, you need proof that he said this.
If you still have the phone message and/or e-mail, you might point that out to him and ask him what he is going to do for you.
2007-10-25 07:31:35 · answer #6 · answered by Elana 7 · 1⤊ 0⤋
Hope you saved that phone message! If you did, then when you go to court this time. . point it out to the judge. . .and by all means, ask for new counsel!
2007-10-25 07:31:20 · answer #7 · answered by dawnsmisti 2 · 1⤊ 0⤋
If you have written proof it was a mix up you should be fine. Present it and your lawyer. Then fire your lawyer.
2007-10-25 07:34:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would definately show that to someone. Just another reason to not trust lawyers
2007-10-25 07:30:58 · answer #9 · answered by Silent Suicide 3 · 0⤊ 1⤋
I dont know, but that sucks. I hope it works out for you
2007-10-25 07:31:40 · answer #10 · answered by bob 3 · 0⤊ 0⤋