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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88629
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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For Paul JD, New pic I see, your getting younger. Lol My question

Resolved Question:

For Paul JD, New pic I see, your getting younger. Lol My question is on the Motion to dismiss when one of my reasons was contempt by the state, for not following a court order to have the defendant brought personally in front of the court the first Tuesday after arrest. And this wasn't done. But the judge ruled the initial appearance satisfied the order. When in fact the defendant was not allowed to go to the initial appearance and appear in person, and had no attorney at that time to appear in her place. Should one file a motion to reconsider so as it would be on file in case of an appeal?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your new question and for finding me. Long story. Anyhow, I look forward to working with you again to provide you the information you are seeking for educational purposes only.

If a motion is denied by the court, that subject is generally still allowed to be raised for ground for appeal even if there is no motion to reconsider filed. Thus, I do not think the reconsider motion is usually worthwhile, unless you have some new evidence the judge has not seen, but if you do not file to reconsider, if there was an error it can still be raised in the appeal process.




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Customer: replied 9 months ago.

I am just assuming the judge saw there was an initial appearance and assumed she personally appeared. And also this was like the 4th judge that has ruled in this case. So he prob only reviewed the file for the first time at the hearing.

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

Without reviewing the files closely, you can ask her attorney to look at that and file a motion to reconsider, but it might be best her attorney focus on the main issues for trial and not argue over the initial appearance as that is more a side issue.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88629
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

I agree it is hard enough to get the attorney to do anything. Multitasking prob isn't something we should ask him to try at this point. Thanks Paul

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