Thursday, September 11, 2008

May a lawyer attend a court date in my place ? -

My husband is serving in the military in Europe and I have a court date in the states. Must I fly back to attend ? Or may a lawyer represent me instead ?

It depends what the court date is for. If it s a civil suit you may be able to contact the court and let them know you live out of country, which would (in many states) not allow the plaintiff to obtain a judgement against you until you re back in the court s jurisdiction. On the other side, if it s for a criminal matter you are often released from custody with terms...One of which is almost always that you have to stay in the state, and of course the country. You absolutely need to speak with a lawyer either way, as you may be in contempt of court just for being out of the country (which is always a jailable offense). Regardless of which type of proceeding you re talking about...to protect your own interests I would say you should always be at the hearing. Lawyers may try to do what they think is best, but they aren t you. It s a few hundred bucks for a plane ticket that can save you a lot of headache in the long run. You may even be able to speak with your JAG office who can refer you to someone in the states.

May a lawyer attend a court date in your place? Of course, if he is your lawyer then he/she represent you in the court of law if you say that you couldn t attend the court date because of personal problems.

Yes you may in this circumstance. I remember my mother when she had her divorce. We live in Florida but the divorce was in Kansas thus she had her attorney take her place and it was fine. So since you live on the other side of the planet and its ok. Everything went good and thats about it except for, One other thing though her attorneys building did catch on fire for some reason, wonder why.??

Yes, he may, but he has to be your legal Representative. He will only be able to ask for a continuance because of your situation. You can also call the courts and asked them if there is any thing you can do because you are out of the country and will be for a little while. Do some thing soon because if you don t and the court issue a bench warrant for your arrest, the host country that you are in now might be forced to send you back in cuffs let a lone the U.S. Military Police placing you under arrest and the US Marshall coming for you. Any way I hope that kind of helps. Good luck and take care....Keep the Faith....PEACE....cya....

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