Legal Question in Criminal Law in Ohio

tresspassing

my daughter was arrested for trespassing some months ago, she went to the first court hearing, plead not guilty, and never heard from anyone again until 3 days ago, Friday, the court called and told her , well her Grandfather, the court date, now my question is, don't they have to serve her a subpoena?

Also they told her that they could take all the time they wanted to to go to trial, that didn't seem right to me either.

but they gave her a phone call on Friday for a court date set on the following Tuesday, thats not even enough time to prepare. thanks for any help


Asked on 1/22/07, 10:25 am

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: tresspassing

I am a little late in replying to this question but will give you my 2 cents worth anyway! No, your daughter would not be issued a subpoena to show up for a hearing on a criminal case against her. But-She should be given notice of the hearing and a telephone conversation with her grandfather is not good notice. Should she show up at the hearing anyway? Yes-If she does not the court could issue a warrant for failure to appear. She would have a legitimate excuse but that would not prevent her from being arrested. Is your daughter an adult ie, over 18? Three months is a pretty long delay for a misdemeanor. She may have grounds to have the case thrown out for taking too long. It may not make good sense from a dollar and cents stand point to hire an attorney for this but it won't help her to have a criminal record even if it is just misdemeanor trespassing. She should at least talk to an attorney directly to see if there is a chance of getting the charges dismissed. If you have additional questions, feel free to call. Good Luck DHD

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Answered on 1/24/07, 3:45 pm
Joseph Jacobs Jacobs & Lowder

Re: tresspassing

At the time she pled she should have been given a court notice...if not, then the notice would have come by mail... feel free to discuss contacting the court ahead of time to arrange another court date or a conversation with the prosecutor to maybe make a plea bargain.

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Answered on 1/22/07, 12:43 pm


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