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How do I get the court to realize that I already attended my trial date?

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  • How do I get the court to realize that I already attended my trial date?

    I plead not guilty to a stalking charge on Dec. 24th 2009. I was given a court date of Feb. 9 2010. Prior to that court date i filled a motion to dismiss. When I appeared in court the judge addressed my motion but said it was all factual and could not be dismissed on the grounds stated and that it had to go to trial. When he asked the prosecution if a date for trial had been set she stated that it had not. After leaving I realized that this was the trail date. I'm on the ankle bracelet and haven't seen my children in 4 mo. this was supposed to be the trial date but after leaving the clerk said that there' nothing that I can do. Is this true? Is there any motion I can file? If the judge realized this then this case would've been resolved. This is stemming from a domestic dispute that the charges have already been vacated. Please help!!!

  • #2
    Re: How do I get the court to realize that I already attended my trial date?

    How do you know it was the trial date?

    The prosecutor and judge would not normally miss that?

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    • #3
      Re: How do I get the court to realize that I already attended my trial date?

      Because I was already arraigned and plead guilty and that judge set the trail date for Feb. 9 2010. the judge was confused when he saw my motion and thought that the date was to address the motion. I was nervous and didn't realize what happened till it was too late. I just checked trial has been set for Feb. 26 2010. Should I just wait and address it then or is there a motion I should file prior.

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      • #4
        Re: How do I get the court to realize that I already attended my trial date?

        Was this filed in civil or criminal court?

        The Feb. 9 would have been a preliminary hearing to see if there were actual grounds to go to trial. It was not the actual trial date. There should be a trial date.

        Do you have an attorney representing you? If not, get one. Don't try to go this alone. The charges are too serious and the consequences are as well.

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