Legal Question in Civil Rights Law in North Carolina

What do you do when your representing attorney failed to inform you of the trial date and the DA had tossed out your case?


Asked on 1/17/12, 10:09 am

1 Answer from Attorneys

This is not a civil rights issue. Its probably a criminal law case.

Fire the attorney?

Find a new attorney and get your case back on the court schedule?

I'm not sure what you mean by "tossed out." If there is a district attorney involved, this is a criminal proceeding in 99% of the cases. If you are a defendant, the case would not be tossed out. Most defendants would be glad that happened as it means that the charges are dropped! What happened is not that the charges were dismissed but that a failure to appear probably happened. If you are a victim, then you would not have your own attorney so this would not make sense.

Seriously, you need to have a talk with your attorney and he either needs to get the failure to appear lifted for free and the case put back on the list or you need to find another attorney. Did you pay the attorney? If so, I would ask for a refund if the attorney is not going to represent you going forward.

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Answered on 1/18/12, 10:27 am


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