If your attorney does not tell you your court date nor does the courts what can you do she has been jailed for failed to appear

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If your attorney does not tell you your court date nor does the courts what can you do she has been jailed for failed to appear

She was out on bond for failed to identify

Asked on February 11, 2017 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

She needs to get a new attorney if the current attorney is not properly communicating.  Lack of notice and poor communication can be a defense to prosecution (by the court or the attorney).  If she cannot afford an attorney, she should request the court to appoint her a new attorney on the basis of her attorney failing to effectively communicate with her which has not resulted in a harm, specifically her rearrest.  She can also file a grievance with the state bar.  I'm not a "grievance happy" person... but in this case, the failure to notify caused a harm.  It impacted her case and it makes her look bad to the judge.  Some judges will not let people off for "mere bad communication" styles, but if she grieves the attorney, the attorney may push the issue a bit more and request removal and more actively back your granddaughter in being assigned a new attorney.


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