Legal Question in Criminal Law in Colorado

Misdemeanor with wrong court date

I have MIP and a Unlawful use of a Drivers License charge against me. However the officer put a court date for a day in which there is not a judge sitting. Now they didnt have my ticket until recently. They told the agency to reserve me with the ticket, however the address they have for me is in another state so the chances of me getting reserved is unlikely. Now I did seek the advice of a local attorney and she did help me and wanted me to pay her to show up at the court on the date and file for dissmissal however this will also cost me a pretty penny in legal fees with no garauntee of the case actually getting dissmissed. Yet there is a good chance... Now my question for you is should i show up to the court on my own and represent myself and hope that the judge doesnt show? (the clerk said their is a chance that they just might and was rather rude about it) or would there be any benefit to pay the attorney to file the dissmissal with out me being there? Also I know any answers you give me for this would be simply opinion but what really are the chances of the judge showing up on a day off? Or the chances of the officers being there to reserve me with a new ticket?


Asked on 3/05/07, 5:52 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Misdemeanor with wrong court date

You should straighten out the dates with the clerk of the court. There is no requirement that the court dismiss the case because the officer wrote the wrong date for your appearance.

If you do not, the court will simply reschedule your arraignment, send notice to the address you gave (and the burden of giving an address where you can be reached is on you) and, when you fail to show up, issue a warrant for your arrest.

That will cost you a few more pretty pennies.

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Answered on 3/09/07, 12:13 pm


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