Legal Question in Criminal Law in Colorado

Missing a court date

Feb. 2 I had attempted suicide. Police arrived, I did not want to be taken away. I made no verbal/physical action suggesting I was a threat, I didn't attempt to flee nor any concievable act I could imagine would warrant what happened next; tazers fired at me 4 times(hit twice) and I was pepper sprayed. I sat on my bed in a daze. They then took me away. I was later issued a citation for 'resisting police orders.

The court date was set for Feb. 6 1:30 pm, I was given the ticket in the ER. I asked what to do if I were in the hospital Feb 6. The officer said I could call to reschedule, this was untrue. In hospital I found one is required to appear in person to change the court date, something I could not do on an involuntary hold.

Feb 5: My social worker said the rescheduling was taken care of by the staff, and on Feb 6 the staff that was there Feb 5 was off. I could not confirm that it was reschudeled.

Feb 6 I was released from my hold at 2:15pm, missing my court date. I'm afraid to appear in court in person for this minor offense only to be incarcerated for missing the court date. I don't know what to do, any advice would be greatly appreciated.

Thanks for your time,

SFPII


Asked on 2/07/06, 2:45 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Missing a court date

Get a copy of your discharge paperwork from the hospital, showing you were released after the court date/time. Call the clerk of the division in which you were to appear and offer to fax it over. OR get a lawyer. He/she can be empowered to reschedule and sign for a new date without you present.

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Answered on 2/07/06, 10:48 am


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