Legal Question in Criminal Law in Colorado

if i have an arrest warrent out for me because my lawyer missed a court date and i am meeting him tommorrow to take care of...is there a chance that i still may get arrested and should i make arrangement with a bails bonmen today just in case? I do not want to go to jail. i am on release with no bond, but i bel;ieve they are wanting to require a bond now if the judge doesnt realize my attorney is a flake and decides to make me pay for it. Also can i take action against this attorney for neglect? And should i be finding a new for before my next cort date? Isnt this unexcusable behavior for an attorney?


Asked on 12/26/11, 12:11 pm

1 Answer from Attorneys

V. Iyer Iyer Law Office, L.L.C.

A similar question was posted. You should contact a bondsperson and make arrangements just in case the Judge does not decide to vacate or quash the warrant. Without knowing exactly why the attorney missed the court date I cannot say it is neglect. The real question is why did you not go to Court on that date as required. You should have gone to Court and appeared. The warrant is issued because you failed to appear in Court as required notwithstanding whether or not your attorney appeared in Court. The warrant is issued not because your attorney failed to appear but rather because you failed to appear in Court. You will have to explain to the Judge as to why you missed the court date. If you can show it was an accident or oversight and not intentional or a misunderstanding between you and your attorney then maybe the Judge may agree to vacate or quash the warrant.

Selecting an attorney is an important decision and I am confident that had you made your payments properly and in a timely fashion and you had retained a well experienced attorney you would not be in this situation. I do not know for what you are going to Court and to which Court but I know that when defendants try to get the "cheap' attorneys they usually end up in a situation like you are in. Regretably, a lot of defendants select attorneys based on price (cheapest or cheaper one) without looking more carefully to the attorney's reputation and business or professional practices.

More facts are needed before I can comment on your taking any action against the attorney. Was any money still owed to the attorney? Were you in full compliance with fulfilling your obligation sunder the attorney client engagement contract. Well there seems to be some problem between you and your attorney. You may want to consider retaining another attorney. But you may have to start all over again. Do not expect the new attorney to give you any reduction or credit for payments to the previous attorney.

I do know that had you come to our office you would not be in this situation.

All the Best

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Answered on 12/26/11, 1:26 pm


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