Alamogordo, NM asked in Criminal Law for New Mexico

Q: Can I email a district court judge and ask him to please set a court date and quash a warrant.

Warrant issued because the attorney or his office never contacted me letting me know nothing I have proof I notified his office on numerous occasions with not so much as a phone call back

Related Topics:
1 Lawyer Answer

A: Hello. I am sorry that you were neglected by your attorney. You deserve more communication and better service from a lawyer. The answer to your question certainly depends on the severity and seriousness of the charge in question. I have seen, for example, cases where the defendant would try to communicate with the court on misdemeanor matters and the court responds by setting a hearing. But this is much less likely to happen in District Court. Generally, it is frowned upon by the court to communicate with defendants in this way. My advice would be to obtain new council so you can have the new attorney file a motion to quash the bench warrant and set it for a hearing. The new attorney may be able to communicate with the district attorney to explain the problem and get their agreement on resetting the case and or canceling the bench warrant. The option of communicating with the court yourself is not advised. You should consider acting quickly because you never know if you will be served with the arrest warrant and then taken to jail. It is undesirable to try to explain the situation while in jail for a number of reasons. You should be confident that there are good attorneys that can communicate and represent you effectively in court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.