Legal Question in Criminal Law in Maryland
I was assaulted and hospitalized by my ex boyfriend bout a month ago. he then went and filed charges against me (2nd assault) for throwing a stool towards him (the stool never hit/touched him). im seeing charges in the maryland judicial system against me for a hearing/trial next week, but i havent been served with any papers or subpeanad (sp) for anything. maybe because he doesnt have my home address. the only address he has for me is my university (school) address & possibly sent it there. my question is what do i do? since i have not been served do i show up to court or i dont know ??
2 Answers from Attorneys
While you do not have to appear if you have not been served, you cannot control what the state will argue or the court will decide. You risk that the state might seek a warrant for your arrest in order to get you served and the court might issue one. While I understand what you are saying really happened, sometimes innocent people get convicted. This is more likely when a person tries to represent himself or herself and the state is represented by a lawyer. In an assault case the state will be represented. You should seek counsel, and if you cannot afford one apply to the Office of the Public Defender for representation. Alternatively, inquire whether the House of Ruth will represent you.
The hearing next week may be to serve you with your charge papers and advise you of the right to counsel. Even if it is for trial, you should request postponement in order to try to get an attorney.
This is probably your arraignment, and you should definitely go, because you may get a warrant if you don't. But call or email me with more details and I can check for you. This hearing may also be waived if you get a lawyer and pick up your charging papers in advance. I can explain all of this when we talk.
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