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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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Please help. I'm in the middle of a horrible divorce...i was

Customer Question

Please help. I'm in the middle of a horrible divorce...i was just served w/ an ex parte for tomorrow am by my husband. I cannot appear as I am working and have a special needs child. I took his cell phone after my daughter told me he had 2 new male roommates, and photos were taken. I took the phone out of his unlocked car to check the photos to see if there were any inappropriate photos of my girl. He gps me...I told hime 2 days ago I would return the phone to him today, but in the mean time he fled ex xparte and now is saying I stole his wallet, which I did not. I have no criminal background, and am an RN. MY husband is a convicted felon w/ a long history of fraud/crime etc...
Do I need to appear or can I call in, can I not appear? does this look bad? please help
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of criminal law experience. It is a pleasure to assist you today.
First off, you are going to be alright. I don't want you to worry about criminal convictions and the like. We are going to take a measured approach and you will be fine in the end.
Second, you did the right thing in protecting your daughter, period.
Third, and to the point of your question, you need to contact the court and ask for a Continuance. Tell them that it will be an undue hardship on you to be available on such short notice due to your work obligations as well as your familial obligations. In most circumstances, the court will grant a continuance to allow you time to appear at a later date.
When the court date does arrive (even if you cannot get the continuance) you need to appear or you will be in contempt. We don't want to have to fight out of that just to prove your innocence. So, under an circumstance, it is important to be at court when the court date is set (hopefully they will grant your continuance request and give you more time to be ready).
So, call the court and ask for a continuance. If they do not grant it, you need to show up for court - even if you have to bring your daughter along with you.
Let me know if you have any other questions. If not, please rate my answers positively.