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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32939
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was arrested last night for resisting arrest. The summons

Customer Question

Hi I was arrested last night for resisting arrest. The summons to court I have says my court date is Wednesday but my continuance of bond and promise to appear form say my court date is Tuesday. Also the sherif deputy did not sign the continuance of bond and promise to appear form and neither did I. Is there anyway I could use these things to get out of the charges?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 6 months ago.

No, none of those have anything to do with the validity of your charges. In order to have something that affects your charges it has to occur before you are charged or arrested.

Customer: replied 6 months ago.
Ok What should I do about my court date?
Expert:  Dwayne B. replied 6 months ago.

The easiest way to handle it is to call the clerk of court and ask them what day it is set for. Be sure and get the clerk's name that you talk to. The summons is likely the correct date.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 6 months ago.
What do u think the best thing to say in court about my situation. I just ran a block from an officer and then stopped and gave myself up
Expert:  Dwayne B. replied 6 months ago.

Nothing. Hire your lawyer and let them handle everything. You don't want to say anything at court except "not guilty" and then either hire a lawyer to as for a court appointed one, if you can't afford to hire one, or let the court know you're going to hire one if you can afford it.

There is nothing you can say at this point that will help, all it can do is hurt.

Customer: replied 6 months ago.
Ok but me not signing the bond paper saying I will appear in court won't help me at all?
Expert:  Dwayne B. replied 6 months ago.

No, not at all with your charge. If you missed your court date it might help, a little, in your claim you didn't know about it but contrary to what you see on television and the movies almost nothing helps with the actual charges. Evan a failure for the copies to read your Miranda warnings usually have little effect although 9 out of 10 people would tell you that it meant your charges could be dismissed. I've handled hundreds of criminal cases and it is extremely rare that anything helps.

Expert:  Dwayne B. replied 6 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 6 months ago.
Is there any other advice you can give me because I will not have a lawyer
Expert:  Dwayne B. replied 6 months ago.

Just ask the DA if there is some kind of offer he can make that will keep a conviction off your record. You could get one with a lawyer but they don't usually make those offers to people representing themselves. Specifically, ask for a pretrial diversion or if he won't give that ask for a deferred adjudication. On both of those you do a period of probation and then the case is dismissed and you don't have a conviction.