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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My son has a trial date set for October second. When he and

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My son has a trial date set for October second. When he and his attorney went to go to the first trial date the state told the judge they were not prepared and she gave them a 60 day continuance. Yesterday my son contacted his attorney's office to make sure it was OK to leave the state for 3 days to attend his aunt's funeral with me. The attorneys assistant informed him he had missed a court date on 9/16/13 for a trial readiness hearing. When he was released this hearing was not scheduled. What was the state's obligation to notify him of this court date?  They have issued a bench warrant for him.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. If he is represented by legal counsel, any notice should have been sent to his attorney, who should have notified him of the court date. It is possible that this date was set in error, as a result of the continuance which the State asked for and was granted. It seems very odd that the assistant from the attorneys office knew about the missed court date and failed to notify him nor contacted if they received notice. This likely could have been an error on the part of the attorney. Notwithstanding, the attorney is going to need to file a motion with the court, explaining the situation and asking the Judge to vacate/lift the capias at this time, which was issued in error, as notice was never received.

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