Legal Question in Criminal Law in Texas

Failure to Appear without Notice

I was issued a ticket for littering in October of 2008. I plead not guilty and requested a jury trial. I called the court in November, December, and then again in late January to check the status of my case. Each time they told me that the pretrial hearings for jury trials have yet to be scheduled and that I would receive a letter when they are. I then put it out of my mind because I am super busy (work and full time law school). Then on Monday I received a notice that I have a warrant for my arrest! I spoke to a person at the court and they told me that there is nothing that I can do about it. She said since they sent the letter and did not receive it back as returned mail, that I am responsible for receiving it - but I never did receive it! Now I have a default judgment against me for the littering (which I did not do) and a failure to appear (for a date I did not know about). This just seems completely unconscionable � I have never even paid a bill late, I would surely not neglect a court date. Any advice on what I could do would be very much appreciated. As a law student, I am strapped for money as it is, cannot afford a lawyer, and the court is demanding I pay $1000 or go to jail (right before finals)! Thank you.


Asked on 4/21/09, 10:08 pm

1 Answer from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: Failure to Appear without Notice

What year are you in? You do not get a default judgment on a criminal matter. Perhaps you can get one of the legal clinics take your case in law school. You have to remember that, all counties want is money! On the other hand, it seems like an excessive fine for a littering case.

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Answered on 4/22/09, 12:47 pm


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