Legal Question in Criminal Law in Colorado
My brother has a court date but can not make it . As he is incarcerated in a Colorado prison. He is scheduled for release in May 2016. He tried to plead guilty by mail and they said they do not do that anymore. I contacted the court clerk to see if the court date could be postponed, rescheduled or a continuance issued... They said, NO that it will stay on the docket. Im trying to save him from having a FTA and tried to save the court the frustration by letting them know he can not make that court date because of being incarceration. My question is ....What can he do? Possibly file a motion and if so what should it say? Time is of the essence here and I thank you in advance for any and all prompt responses.
1 Answer from Attorneys
He could hire an attorney to appear for him to ask for a continuance and ask the court to issue a writ so he will be transported from prison for the trial. He might be able to file a motion to that effect, but it would be easier with an attorney.
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