When your lawyer tells you that you don't need to show up for a court date, do you need to go? Do you need to go, anyway? Should you go?
A friend has three cases pending in McHenry County. Seems a neighbor is angry with her, and the neighbor keeps filing Disorderly Conduct charges against her. And the Crystal Lake Police Department keeps accepting the charges.
After months of court dates, preparation for court, legal expense and continuances, the angry neighbor didn't show up for three trials or the case against her daughter, and those cases were dismissed.
There are still three cases on the court calendars. For scheduled "Status-Trial Date" hearings tomorrow, her lawyer told her that she didn't need to be in court.
The problem? When you check the computer record for the cases at the courthouse, "Must Appear" shows up for each case. A court clerk and a supervisor told me this morning that "Must Appear" means that the defendant must appear in court. Duh... The defendant recalls that the judge told her that she didn't need to come to court on September 15.
The clerk and supervisor told me that, if the defendant is excused from a scheduled court appearance, it would have to appear in the Order for the last continuance. Apparently, it's not in the written Order that she doesn't have to be there.
My "advice" to the friend is that she should be there, whether excused by the judge (verbally at the last court date) or not. If her lawyer and the prosecutor are going to discuss any aspect of her case in front of the judge, she should be there.
The track record of the Complainant is not good. The Complainant didn't appear for trial in four cases and is not likely to appear for the next three trials.
If I were the judge, I'd be steaming. I'd send deputies to collect the Complainant and haul her into court, and then I'd order her to testify. If she made up the charges, I'd send the Complainant off to jail!
The current cases have wasted the judge's time on about 15 previous dates, starting in April 2008. Why doesn't the judge tell the prosecutor if he can't get a case with a $75 bond to trial in six months, then forget it!
Subscribe to:
Post Comments (Atom)
3 comments:
Some people use the court system to harass someone they have a problem with or don't like.
Is this why court costs are so damn high?
People have also used Animal Control to cause grief for others, which makes it difficult on people who really have concerns.
Bingo, Karen! You might have just uncovered the secret to exorbitant court costs in McHenry County.
And legal fees, too.
If judges let cases drag and drag, when somebody is finally found guilty, the judges have to sock them with fines and the attendant court costs to pay for ALL the trials.
Of course, the judges are quick to say that THEY don't set the court costs and fees; they pass the buck to the County Board and the State legislators. And some of them minimize the fines, because they know the poor sucker who was found guilty is going to get clobbered at the Payment window.
I've always thought court costs should be according to what you actually use ... the breakdown list of all the things paid through court costs were ridiculous. What are my taxes used for?
AND, I agree that if the person bringing the action doesn't show up, they should be charged for the time wasted by everyone that did show up, including the person they're complaining about. Time off of work etc ...If this doesn't stop people from using the court system to harass, I don't know what will. The system is flawed and people that use the court system to harass is getting pretty damn bad.
I don't know if this is still in place, but I had to call Animal Control over a REAL concern. At first I was treated like "another whiner trying to harass a neighbor". After the 2nd call to Animal Control, an automatic court date is set up and you have to appear before the judge and plead. After that, your bench trial is scheduled. When Animal Control realized I was serious, had witnesses and photographic evidence to back up my case, they tended to take everything more serious. I won my case ... and all is cool.
Post a Comment