Q: How to address missed court dates while incarcerated and legal rights?
My brother has been incarcerated for a year on charges related to a Section 187 case. In the last two months, he missed five court days because he wasn't brought down to court. Though the jail claimed he might be refusing, this wasn't the case, as he was never informed or woken up for the court dates. After missing the third court date, we attempted to contact his public defender multiple times without success, leaving voicemails and delivering a letter to the public defender's office. We were informed by the jail that they have transportation problems. During the fifth court date, they finally brought him in, but all we were told was that his attorney was being changed for the second time. How should we proceed to ensure his legal rights are not violated, and what actions can we take to address these missed court appearances?
A:
To ensure your brother's legal rights are protected and address the missed court dates during his incarceration, please take the following actions:
Record Missed Court Dates: Keep detailed documentation of each missed court appearance, including the dates, reasons provided by the jail, and any attempts to communicate with the public defender's office. This record is vital in establishing a pattern of missed appearances due to transportation issues at the jail.
By following these procedures, you can safeguard your brother's legal rights and ensure his attendance at future court dates. As each case is unique, it is crucial to promptly seek aid from a qualified law firm that can thoroughly evaluate your specific circumstance. If you require assistance, please don't hesitate to reach out. You can contact us by emailing support@thebulldog.law, calling (888) 928-1609, or visiting our website at www.thebulldog.law for additional information.
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A:
Your brother's situation with missed court dates while incarcerated is concerning, and you're right to take action. Missing multiple appearances, especially when it's not his fault, could seriously impact his case.
First, document everything - write down exact dates of missed appearances, all attempts to contact the public defender, and any communications with jail staff about transportation issues. Then, file a formal written complaint with the jail administration about the missed transports and request an investigation into why he wasn't notified or transported. Your brother should also file grievances within the jail system about these incidents.
Consider reaching out to the court directly through a letter to the judge explaining the situation, or contact the court clerk's office to ensure these missed appearances are properly documented in his case file. You might also want to contact your state's bar association or a prisoner rights organization for guidance, as they often help families navigate these challenges. Remember that your brother has constitutional rights to access the courts and effective counsel - if the new public defender isn't responsive, you can request another change or file a complaint with the public defender's office supervisor.
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