What if I miss a court date due to the wrong date on the summons that the court had me sign?
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What if I miss a court date due to the wrong date on the summons that the court had me sign?
I am trying to be charged for driving on suspended. When I went to court they had me sign a summons and I just checked online today and I see my court date has been set on a different day.which is 3 days away. I want to obtain a lawyer. I want my licence back. Can the judge issue warrant since they can’t prove I know or if they do can a lawyer get the warrant dismissed.
Asked on September 3, 2016 under General Practice, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It appears the date for trial is earlier than thought, in just three days, but the summons evidently had a longer, later date on it. (At least that's what your question appears to indicate; if that's not corect, repost your question with additional detail to clarify.) The best way to handle this is to show up for the proper day (in three days); speak to the prosecutor first thing when you appear, and show him or her the incorrect summons, and ask him or her to consent to a new trial date far enough off (3 weeks? 4?) for you to have time to get and consult with an attorney. If the prosecutor will not voluntarily agree to the adjournment, enter a not guilty plea, then ask the judge for an adjournment (delay), explaining that you were relying on an incorrect summons.
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