Q: I need help ! I don't know how to go about this and if it's even worth it ..

I have a public defender . She calls me the day of my court date and tells me that the court is closed due to covid so no one is allowed in the court house . She left me a voice mail stating this loud and clear and repeated her self twice . she would notify me when the court re opened ,in the mean time I can call her on Monday to talk about my case . So I follow her instructions and call Monday but no answer . I left several messages . I was shocked to see a bench warrant was issued for not appearing in court the date that she had told me the courts were closed she even signed the warrant ( I have the voice mail saved on my phone of her stating do not come to court ) . I continued to call her numerous times . That weekend I get arrested on the warrant and spend 2k to bail out . She called back the day I get out of jail and says sorry she feels terrible about the mistake she made but she was on a conference call when the judge called my name and it's just slipped right under her

4 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: Sorry about what happened. I would make sure that her office knows what happened to you and see if there is any way to help get your $2000 back. Unlikely, but worth a try.

Keep those VMs!

Good luck!

Alexander Bakhache Perez
Alexander Bakhache Perez
Answered
  • Criminal Law Lawyer
  • Fullerton, CA
  • Licensed in California

A: Did you want us to file a mal practice case for her error and bad criminal advice. There is a filing fee for this since it is civil matter, Feel free to contact any attorney for a free phone consult to go over the info

We would be happy to answer your questions.

I don't think she is going to pay you anything if you just ask but it is your case please decide how you would like to handle it, - please protect the evidence you have and have a back up of it as well.

Stanley Dale Radtke
Stanley Dale Radtke
Answered
  • Criminal Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: Your public defender has a supervisor. Contact the office and ask for the supervisor and explain what happened to you. Most PD offices have a good working relations with the court and perhaps your issue can be solved.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: contact the head of the PD office to explain your situation.

i am sure the PD can put the matter back on calendar to have the BW quashed.

getting your money back is another question.

maybe the PD can work with the bondsman to address that issue.

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