QUESTION
Am I required to move the court date if I get military orders to leave the area?
Asked on Nov 07th, 2011 on Criminal Law - New Jersey
More details to this question:
If you get navy military orders to leave the area and you received prior court orders to go to court, are you required to cancel your court date? Or can you go following the court date?
28 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 02nd, 2013 at 10:04 PM
Geoffrey MacLaren Yaryan
If you have a court date and fail to appear a warrant will be issued. You should contact someone within the military service you are in to discuss what you should do.
Answered on Nov 10th, 2011 at 12:46 PM
Michael J. Breczinski
Talk to you lawyer for the case and he will talk to the judge and the prosecutor maybe they will delay or dismiss the case if you have military duty.
Answered on Nov 09th, 2011 at 11:53 PM
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You need to contact the court to let them know what is happening - are you a witness or party? If party, you definitely must let the court know or else you may get a warrant or adverse judgment - request a continuance if a witness then let the party know that has subpoenaed you tell your commanding officer and s/he can help.
Answered on Nov 08th, 2011 at 12:13 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Arrangements can often be made to finish up the court case prior to leaving on military orders. I suggest you immediately contact an attorney to put this in place. If you need assistance, call my office to arrange an appointment to meet and to hire me to make the arrangements. I hope that this was helpful.
Answered on Nov 08th, 2011 at 10:07 AM
You should speak with both the military and the court. Ignoring either order will only get you in further trouble.
Answered on Nov 08th, 2011 at 8:34 AM
Contact your lawyer regarding adjusting your court date.
Answered on Nov 07th, 2011 at 11:45 PM
You need to contact the Court to explain your circumstances and your commanding officer. If you do not attend court, a bench warrant will be issued for your arrest. This conflict happens all the time. Usually the military will delay your deployment.
Answered on Nov 07th, 2011 at 10:48 PM
If the service is sending you out of the area and you will not show up at your next date you are to appear you must notify the court. You can do this through your attorney. You can do this by contacting the clerks office in the courthouse that your next date is in.
Answered on Nov 07th, 2011 at 10:32 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Go to court early and set a new court date. In misdemeanor or traffic cases you can also hire a lawyer to appear for you.
Answered on Nov 07th, 2011 at 9:58 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon the case and the nature of the charges. In some instances the court date could trump your deployment. You need to contact the court. If you do not do so, a warrant will be issued for your arrest. The court may or may not then act upon the warrant. At minimum, it will stay the proceedings and prevent the statute of limitations from running while you are gone.
Answered on Nov 07th, 2011 at 9:54 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You certainly need to alter your court date with proof from the Navy requiring your move.
Answered on Nov 07th, 2011 at 9:50 PM
I would call the court and notify them of your date. The court will know how to apply the law to your case. Keeping them informed of your status will enable them to protect you. Thank you for being there for our country.
Answered on Nov 07th, 2011 at 9:01 PM
If your military orders will cause you to miss your date in court, you should immediately contact the court's clerk and let them know of your situation. They will likely reschedule your court appearance. You may be required to show proof of your military orders. Failure to show up to a court date can have serious adverse consequences in both civil and criminal matters.
Answered on Nov 07th, 2011 at 8:18 PM
Jacob P. Sartz
You should notify the court. Preferably, if have a lawyer, your lawyer will handle that. Most courts would agree to adjourn your court appearance. However, you may need to file something in writing. If you fail to appear for a required court-appearance in pending criminal matter, the court may issue a bench warrant for your arrest. If you ever need to adjourn a court appearance, it is vital to notify the court. Preferably, have an attorney who can handle those matters on your behalf.
Answered on Nov 07th, 2011 at 8:17 PM
Steven D. Dunnings
If you are on active duty, you might get a delay of the whole matter.
Answered on Nov 07th, 2011 at 8:17 PM
If you hire an attorney they may motion the court for a new date.
Answered on Nov 07th, 2011 at 8:02 PM
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You should file a Motion for a Continuance if you are not represented. If you are represented your attorney should file one if appropriate (he/she cannot handle the appearance without your presence).
Answered on Nov 07th, 2011 at 8:02 PM
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You should take the high road and call the court and let them know. Or you may have a warrant waiting for you on your return.
Answered on Nov 07th, 2011 at 7:03 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Contact your lawyer about this and if you do not have one contact the court and the prosecutor. Send them a copy of your orders.
Answered on Nov 07th, 2011 at 7:03 PM
Daniel Kieth Martin
You need to contact an attorney right away so the lawyer can change the court date.
Answered on Nov 07th, 2011 at 7:03 PM
No, you cannot go following the court date. Once you miss your court date, a warrant will be issued for your arrest, it doesn't matter if the sky falls down or WWIII begins. You need to go to court before the court date to advance the case to an earlier date.
Answered on Nov 07th, 2011 at 7:03 PM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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If you have counsel,contact your attorney and get their advice on how to handle. You do not want to miss the court date, or a warrant could issue. You may want to hire counsel if you do not have representation; the attorney can appear without you under most circumstances if the case is a misdemeanor or can get special court permission to appear without you, under the circumstances, if the case is a felony.
Answered on Nov 07th, 2011 at 7:03 PM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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How to handle it depends on what you are talking about. Are you a criminal Defendant, a Witness, is it a civil suit, either Plaintiff or Defendant, is it a subpeona or what? In all cases you will need to communicate with the court and/or parties to make the proper arrangements.
Answered on Nov 07th, 2011 at 6:55 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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What type of cour date is it? If you have military orders I would imagine that would be good reason to miss most any court date, but you will need to let them know ahead of time so they can re-schedule. Otherwise they will issue a bench warrant for failure to appear.
Answered on Nov 07th, 2011 at 6:52 PM
Assault Attorney serving Richardson, TX
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Notify the court and all parties or the orders and your availability.
Answered on Nov 07th, 2011 at 6:52 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Assuming you are the defendant you should continue the trial date. If you don't a default will be issued and contempt charges can be filed. If you are active military you may be in trouble if you have active criminal charges against you.
Answered on Nov 07th, 2011 at 4:59 PM
Gary Moore
If you have a court appearance for which your military obligation will make you unavailable, you must resolve this problem with the court. Having a attorney to help you with this problem is essential.
Answered on Nov 07th, 2011 at 4:58 PM