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My sister had a trial date for a DUI trial. she was sick that day and slept in so she missed the trial. what will happen now?

Canada, KY |

will she be arrested?

she does have a doctors note. what happens to the breach warrant? does that mean she will be arrested? what can a lawyer do for her?

Attorney Answers 4

Posted

It is likely that a bench warrant has been issued for failing to appear for trial. Judges do not take kindly to those who fail to appear when required to do so. She needs to contact her attorney as soon as possible and discuss her situation to try to minimize the punishment which may be coming. If she does not have an attorney, she needs to retain one as soon as possible.

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Posted

I assume you are posting from CANADA the country and not "CANADA, KY". If I am correct, she needs to hire a Canadian barrister ASAP to deal with the bench warrant and re docket the case ASAP. Time is not her friend, act immediately.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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2 comments

David Brent Cox

David Brent Cox

Posted

"Canada is an unincorporated community in Pike County, Kentucky. Canada is located on U.S. Route 119 13.8 miles (22.2 km) northeast of Pikeville"

Frank Mascagni III

Frank Mascagni III

Posted

Thanks, David. This issue has arisen in the past on this site and come to find out, the poster was from Canada, the country, and the site read it as Canada, KY. Hopefully the asker will clarify for us. Either way, we both gave the same advice if in KY. I'm not familiar with Canadian law that's why I brought it up.

Posted

In CA, a warrant would have definitely been issued, especially if she failed to appear at trial. I'd suggest that she either get herself on calendar to try to get the warrant recalled ASAP , or hire an attorney to help her do so. Good luck.

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Posted

It would be rare for a judge NOT to issue a bench warrant for her and revoke whatever bond she was on. If a bails bondsman was used, he will be looking for her. She needs to contact her attorney ASAP and get the bench warrant issue resolved.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Florida & Kentucky and in the federal court of the Eastern District of Kentucky. You need to seek legal advice from an attorney licensed to practice in your area

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