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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3128
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I was a victim of battery in Indiana and now I have ...

Customer Question

I was a victim of battery in Indiana and now I have recieved a summons to appear in court stating that I was charged with disorderly conduct. I live in another state and can not afford this trip nor the victimazation by the state. What can I do?
Submitted: 8 years ago.
Category: Legal
Expert:  Thomas Swartz replied 8 years ago.

HelloCustomer

I'm sorry to inform you, but you should appear on the summons. If you do not appear, you will automatically be found guilty on the charge, and an arrest warrant may be issued against you. The arrest will be able to executed at any time, and if it is executed you will be immediately taken to jail. On the other hand, if you appear you will be able to present and factual and legal defense you may have, including self defense. Yes, the cost of appearing may be a lot, but the cost of not appearing may be greater. You also have the right to be represented by counsel, and for any criminal charge it a good thing to be represented by counsel.

The summons may have a way for you to plead guilty by mail in which you simply pay a fine. If you are willing to do that to avoid appearing check the summons.

Otherwise, I strongly recommend that you appear on the summons and present whatever defense you have.

Good luck.

Thomas