Q: can a case be retried if tried in my absence? I was granted a continuance but they tried my traffic case anyway...
The case was continued twice because the officer wouldn't be present, i saw online that a continuance for dec 12 had been placed, then I called the day before the case to verify with the clerk, in which she notified not to come since it was continued, but then i received a notice of fine with the case being tried in my absence. Is this even legal? Like i said, i have a document printed out from their website showing the continuance for dec 12.
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- Virginia
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A: Contact the clerk of court and request to file a Motion to Reopen the case. Explain to the judge at the hearing what happened, and show him your proof. The judge will more than likely vacate the judgment and set a new trial date at the officer's next court date.
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