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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience:  25 years experience practicing attorney
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I have a court date on Sept.7th 2010. I had a atty. however

Customer Question

I have a court date on Sept.7th 2010. I had a atty. however I dont have his retainer fee. I need help this has to do with ridiculous charges steming from being on probation. The oxymoron is the dcc isnt concerned and I am not in violation of any of my restrictions set forth by Judge Simms. Please contact me at(NNN) NNN-NNNNor emailXXX@XXXXXX.XXX. Any help you can give me will be a BLESSING. I am very worried due to no representation and my court date is sooo soon. I sorry for not contacting someone sooner.

Very Worried,
Respectfully,
Vicki Stroud-Womble
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 4 years ago.

Dear JACUSTOMER - We are not permitted to call you or to actually represent you in court. In this case you need to appear and explain to the judge that you cannot afford an attorney and that you would like the court to appoint counsel and continue your case until you can speak to a lawyer. The fact that you have not been arrested and held in jail on a probation violation indicates to me that the judge would very likely continue the case and permit you to be free on your own recognizance until you have an opportunity to talk with counsel.

 

You have a right to an attorney so the court will appoint a lawyer. Obviously bring around guns is not a good thing to do while on probation but it appears you have a reasonable explanation in this situation. I'm not certain of all of the terms of your probation but if your PO is not asking for revocation I doubt the judge will disagree. If you fail to appear then that will definitely be a problem and you will get into even more trouble.

 

The court is not going to force you to proceed in this matter without representation so you need to appear and ask for appointed counsel and to have the matter continued until then.

 

Dave Kennett

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience: 25 years experience practicing attorney
Dave Kennett and 4 other Criminal Law Specialists are ready to help you
Expert:  Dave Kennett replied 4 years ago.

No one but the judge can promise you what a court will do at a hearing. You can have 10 attorneys and they still cannot predict what a judge will do unless the judge him or herself indicates what they will do. So I cannot tell you that you definitely will or will not go to jail but my guess is that you will not based on the fact that you were not arrested for the alleged violation.

 

Dave

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Dave Kennett
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25 years experience practicing attorney