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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27692
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I have a question and it may seem stupid, but If you were supposed

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I have a question and it may seem stupid, but If you were supposed to be in court on a specific date, but that county cancels all court cases for that date due to inclement weather, what happens next?
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

It's a good idea to call when the courthouse re-opens to find out when the next appearance is, but the clerk of the court should send out notices with a new hearing date.
Customer: replied 3 years ago.

The courthouse did not close completely(that I am aware of) but did cancel all cases for that day. They even called to let people know and so forth. My husband actually asked them when the makeup date would be and they had no idea, and we also never reiceved anything in the mail about the reschedule. He is actually at court right now and from what I am gathering, they have served bench warrents to the people that did not come to court the day they cancelled all the cases? That doesn't seem right. Isn't that wrong? If these people were to have to be there then why call them to let them know not to be there since there would be no judge, etc?

They cannot issue bench warrants to people that they called and told not to show up. If that's what happened, it should be fairly simple to get the warrant recalled. Even if they published that all cases were canceled, there should not be a warrant. A warrant should only issue if they told him about the rescheduled date and he didn't appear at that time.
Customer: replied 3 years ago.

they are now telling that he will be arrested and put in jail for not appearing. and 1000.00 bond. If thats the case, they would be arresting every person in their. They did not give him a rescedule date or anything. I am power of attorney over him and I handle all of this type of things. They told him that they would leave him in there unitl their next trial date....something is not right with this at all

Unfortunately, power of attorney does not give a person authority to represent someone in court. That is one area where it doesn't apply. You cannot speak to the judge on your husband's behalf.

I'd be very surprised if they arrested every single person on the calendar and put them in jail, and even more so if they refused bail and forced him to stay there. Jails are way too overcrowded to lock people up for no reason. You're right - some thing is very fishy here. If they actually try to put him in jail, the best thing to do is to call a local criminal attorney who can go in and try to see if there is a way to have him released.
Customer: replied 3 years ago.

His lawyer is sitting right there beside him. And yes, I know being POA doesn't give me rights to speak on behalf. I am completely overwhelmed and shocked that they would do this. They said he could be released on a 1000.00 bond. Why would I pay 1000.00 to have him released for something they caused by not having court and it was announced on the radio, and so forth. How is that his fault?


 

It's not his fault. I am also completely astounded that they would do this. The only possible explanation for even issuing warrants to people who were told not to show up is some sort of computer error - which means that it should be easily cleared up by a defendant walking in, telling the judge the date of the original hearing, and the judge verifying that all cases were canceled for that day. All of the rest of it is so illogical that it makes me wonder if there are facts that neither of us knows.
Lucy, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

I heard the phone calls that day from that county telling him no court and so forth, which we were actually glad because he was in a cast and were trying to figure out how we were going to get him to the building and then to where he needed to be. I am completely astounded

I'm sorry. I can only tell you what the law says. I can't explain utterly bizarre and illogical behavior that doesn't comply with the law. He should eventually be able to get the charge for not appearing dismissed, if he's willing to fight it. I can't fathom than an appeals court would approve this procedure, if it gets that far. And, if he is able to prevail, he can get the failure to appear charge deleted from his record.
Customer: replied 3 years ago.

Well, they let him go. My husband actually just stood up and spoke for himself and told them that he should not be held accountable for something he had no control over.

Customer: replied 3 years ago.

I have another question that isn't related to these previous ones....when a person gets arrested for a DUI, and in KY a DUI is considered .04 and up, but they blew a .001 and got arrested anyways, how do they get the results of their bloodwork? I have often wondered that and also really don't understand why the officer would proceed with arresting them expecially if they weren't in the car?

That's exactly what should have happened. I'm glad it worked out.

I'm happy to answer additional questions, but because it is not related to the original inquiry, the rules of the site require that I ask you to open a new question. I apologize for any inconvenience.
Customer: replied 3 years ago.

How do I do that?

You should be able to post it through this link:
http://www.justanswer.com/law/expert-lucy7368/

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