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I have a motion hearing tomorrow. I cannot afford an attorney, and have not been provided with a copy of the motion.

Douglasville, GA |

Are they required to provide me with a copy of the motion? This is a case that I plead guilty to and have to pay restitution on. I am paying the $100/month ordered by the parole board, sometimes more when I have it. I am guessing that this motion is for more money to be paid. Probably in the $500 range. I cannot afford to pay this amount. It is not a reasonable amount with my finances. How do I handle the motion hearing without an attorney?

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Attorney answers 5


Copies of motions are required to be provided to the other side. It's possible the other side mailed it to you but you did not receive it. If you have not received a copy, you should get to the court and get a copy asap.

Your best option would be to attend the hearing and explain to the judge that you did not receive a copy of the motion in enough time prior to the hearing to be able to prepare a response and request a continuance. If you can't afford an attorney based on your finances, then perhaps you should try contacting a local legal aid organization to help you.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


No one on Avvo can tell you how to handle your motion hearing without knowing exactly what type of motion it is and the facts and circumstances of what the motion involved. You should have been served a copy of the motion before the hearing.

Darrell B. Reynolds, Sr.
Attorney and Counselor at Law

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Your question is confusing. If this is a criminal matter, you can request a public defender if you can prove that you meet the financial guidelines for the same. If a civil matter, contact any nearby law school and/or County Bar Association and see if they have a "Pro Bono" program which will provide you with an attorney at no charge. But first and foremost, go to the court and get a copy of the motion before the hearing date. If need be, ask the judge for an adjournment on the grounds that you do not have a copy of the motion (although it is curious that you know that there is a hearing date for a motion even though you haven't received it).



All I received was a letter from the DA stating that there was a motion hearing and that I had to be there. Just a one page letter, that was it.


If this is in Dvill, call me and I'll look it up for you real quick if I can.


You are required to be served with a copy of a motion. Since you do not say what kind of motion this is, it is impossible to even attempt to give you a response. For example, you may be entitled to a public defender or other free or low-cost legal aid in certain cases. Although you think you know what motion is about, for all you know it could be a parole violation hearing or something other than what you think. You need an atty. to obtain a reset, if possible, to have time to review the motion and your circumstances before going to court. Get a lawyer.

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