I was notified to appear in court as a state's witness and victim in a domestic violence case. It asks me to be there at 8:30am. I spoke to someone and told them I could be there after 11am and they said it should be fine, but now the lawyer that was assigned to me said it wasn't and that I run the risk of having a body attachment placed on me. I CANNOT be there at that time and that was made clear, I already notified them. I will be going to court, but I will be late. The lawyer before her said that if I didn't appear they'd probably drop the charges (assault by threat). But now I'm scared they'll place a body attachment on me and even if they did they don't know where I work which is where I'll be.
Criminal Defense Attorney
A body attachment is just what it sounds like. It is in effect an order to seize a person and bring them to the judge that issued the attachment. If it remains in effect after the case is over, you will still be arrested and forced to explain why you did not appear.Sincerely,
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Federal Crime Lawyer
A body attachment is an order directing any law enforcement order to arrest a person and bring him or her directly before the court. Usually, body attachments are used for case in trial or about to go to trial.
The court would consider your reason(s) for failing to appear. It could then release you, or it could hold you in custody until the either the case resolved or you testified. The court might hold you in contempt which it could do summarily and confine you up to five months and twenty-nine days. Anything longer would require the court to honor the rights that all criminal defendants have, such as a jury trial.
Typically, body attachments at North Avenue are returnable at the end of the morning docket or noon. Use the case number on the summons to check on Maryland Case Search at mdcourts.gov whether the matter is still open.
Criminal Defense Attorney
A body attachment is like a warrant. It is treated the same because you are being compelled to go to court. A judge signs one and you can be arrested till you are brought before court.
Being late can be dealt with by having your attorney show up on time, request that the judge/State hold the case till you arrive.
It is not necessarily the end of the world, but make sure your attorney is really on top of this. It is really up to the court's discretion.