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My lawyer said he could set the date anyway for Monday so should I take the chance and go or wait for a new court date?

Middletown, NY |
Filed under: Court basics

I had a court date set in FL (I live in NY) for Monday and today (Friday) i found out my lawyer cancelled the court date. He said the clerk of court cancelled it but when i called them to double check the judges secretary said he cancelled it and to call him. So i called my lawyer back and he said he had to cancel it because he thinks the defendant was not notified of the date. However, on the paper I received from my lawyer informing me of the final hearing it says on the bottom that she was mailed a copy. Now my lawyer is telling me he can set the date again for the same date but since he is not sure if she was informed we could lose. I am not sure what to do.I am supposed to leave tomorrow.Should i go down there because if she was informed I could win or should I set a future date?

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Attorney answers 2


Repost your question in the Florida Avvo section.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


No matter which US jurisdiction you are in, you follow your lawyer. Let your lawyer decide and implement the adjournment strategy in your case. Don't ask us to second guess your lawyer.

Good luck.

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