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What Happens If You Are in custody And The Sheriffs/DistrIct Attorneys Fail To Send You?

West Covina, CA |

My Husband Plead Guilty And then Filed A Motion To Have His Case Reopened Because He Was Never Even Read The Poice Report (He Wants To Have His Strike Removed). TheDistrict attorneys And Sheriffs Department Have Failed To Bring Him In To Court 3 Times In A Row Now. What Will Happen If They Dont Bring Him? Can He Have His Motion Granted With Out Him Being Present? Can He Get His Case Dismissed Or Something?

Attorney Answers 2

  1. Having the police report(s) read to him or not [as long as he knows the contents] is not a basis to ope the case. I think what you mean is he wants to withdraw his plea. He will need an attorney to do that

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  2. The Judge will not hear the motion without your husband being present. His attorney needs to have the judge order the sheriff's department to transport your husband to court. By the way, not having been read the police report is not grounds to have a plea withdrawn and in most cases, the motion is denied. Your husband would have to show that his attorney did not advise of certain consequences or that he was promised something that didn't happen. Before the court took your husband's plea, the judge would have thoroughly questioned him as to what he was doing, if he had a enough time to talk to his attorney and if he had any questions before he entered a plea. Most importantly, they would have told him he was pleading to a strike offense and what that meant. A change of heart or buyers remorse is not grounds for getting a plea withdrawn. The chances of him wining the motion are slim because the courts are usually careful so these motions don't pop up.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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