If you file a petition to reopen your case and lose can you file a motion to reinstate?

Asked over 3 years ago - Aurora, IL

I filed a petition to reopen my case.It was granted, but I missed the courtdate.Do I file a motion to reinstate the petition or do I file a petiton to reinstate the petiton? I lost by default in a criminal proceeding 15 days ago.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . You could consider a motion to vacate,........ but.......use a lawyer. Youmight find my Legal Guide helpful "How to Choose a Lawyer for you.” DO NOT WAIT.

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful "What Do I Tell My Lawyer"?

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    No one can know what the record is in the case because online we cannot find out any details. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless. Best of luck to you.

    If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter.

  2. James Richard Rowe II

    Contributor Level 12

    Answered . You should file a motion to vacate the default entered against you. Most times, a timely motion to vacate with a reasonable explanation of why you failed to appear in court, will suffice. Beware, as the law requires certain motions to be filed within so many days of the Judge's decision that you are trying to overturn. These deadlines can be very short.

    Sincerely,

    James Rowe
    The Law Firm of Rowe & Associates

    jamesrowe@rowelegal.com

    Chicago office:
    100 North LaSalle Street, Suite 1010
    Chicago, Illinois 60602
    312-345-1357tel
    312-896-0212fax

    Kankakee office:
    555 South Schuyler, Suite 207
    Kankakee, Illinois 60901
    815-929-3844 tel
    815-346-2358 fax

    Free consultations. Reasonable Fees.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,768 answers this week

2,599 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,768 answers this week

2,599 attorneys answering