Due Process Violation Concerns
Summary
Due process violations, such as not receiving bond papers or a promise to appear, can be grounds for defense. Failure to serve essential documents like plea and sentencing notices strengthens your case. Unauthorized signing of court documents can lead to fraud charges. A case may be dismissed due to these violations. Consult a Nebraska criminal defense lawyer to explore your options and take appropriate legal action.Full Conversation
Bobby
Hi Bobby! How can I assist you with your legal issue today? Could you please provide me with some details about your situation and your location?
after judge grantd a OR bond, I never received the paperwork from the court with the details, I held on a misdemeanor charge for another county for * more days until i was transferred there. Upon my release from that county, I still did not receive bond papers or a promise to appear from the previous county. I was told I was free to go... 3 years later I was at my house when cops showed up to arrest me on a warrant from back then for the same charges. When in front on the judge, my attorney from back then admitted a letter to the court that she had sent me saying that my case had been closed as evidence that I had not intentionally been avoiding court proceedings. Isn't the lack of paperwork - the bond papers & lack of a promise to appear in violation of due process?
Hi Bobby, this sounds like a complex situation involving potential due process violations. The lack of paperwork and failure to inform you properly might constitute a violation. It would be best to consult with a lawyer to explore your options and possible defenses.
Could you please tell me which state this occurred in? This will help in providing more specific information on the relevant laws.
Could you please tell me which state this occurred in? This will help in providing more specific information on the relevant laws.
Nebraska
Bobby, it sounds like you've encountered a significant issue that could involve due process violations. Here are some points to consider:
- Due process requires that you be informed of charges and court dates.
- Failure to provide bond papers and a promise to appear can be grounds for a defense.
You should consult a lawyer who specializes in criminal defense in Nebraska to explore your options.
If you need more specific information or assistance, feel free to ask!
- Due process requires that you be informed of charges and court dates.
- Failure to provide bond papers and a promise to appear can be grounds for a defense.
You should consult a lawyer who specializes in criminal defense in Nebraska to explore your options.
If you need more specific information or assistance, feel free to ask!
Same case- 3yrs later- another violation of due process I think--- I was never served -PLEA, ORDER FOR PRESENTENCE INVESTIGATION AND SENTENCING NOTICE
Bobby, it sounds like there are multiple due process violations in your case. Here are some key points:
- Due process requires proper notification of charges, court dates, and legal proceedings.
- Failure to serve essential documents like plea, order for presentence investigation, and sentencing notice could strengthen your defense.
You should consult a criminal defense lawyer in Nebraska to discuss these issues further and explore your legal options. Do you need help finding a lawyer in your area?
- Due process requires proper notification of charges, court dates, and legal proceedings.
- Failure to serve essential documents like plea, order for presentence investigation, and sentencing notice could strengthen your defense.
You should consult a criminal defense lawyer in Nebraska to discuss these issues further and explore your legal options. Do you need help finding a lawyer in your area?
Who can legally sign for court documents besides the intended person? And what responsibilities does signing for those documents impose?
In Nebraska:
- Only certain individuals can legally sign for court documents, such as an attorney representing the person, a legal guardian, or someone with a power of attorney.
- The signer must ensure that the intended recipient receives these documents and acknowledge receipt.
Do you need help finding a lawyer in Nebraska for further assistance with your case?
- Only certain individuals can legally sign for court documents, such as an attorney representing the person, a legal guardian, or someone with a power of attorney.
- The signer must ensure that the intended recipient receives these documents and acknowledge receipt.
Do you need help finding a lawyer in Nebraska for further assistance with your case?
If those papers were signed by someone not authorized & who used those documents to intentionally give false information to the defendant? Who is responsible for the consequences & what steps need to be taken?
Hi Bobby, here are some points to consider:
- The person who signed without authorization can be held liable for fraud and potential obstruction of justice.
- Steps to take:
- Report the issue to the court.
- File a complaint against the unauthorized signer.
- Consult with a criminal defense lawyer to address these violations.
Do you need help finding a lawyer in Nebraska for further assistance?
- The person who signed without authorization can be held liable for fraud and potential obstruction of justice.
- Steps to take:
- Report the issue to the court.
- File a complaint against the unauthorized signer.
- Consult with a criminal defense lawyer to address these violations.
Do you need help finding a lawyer in Nebraska for further assistance?
Can a case be dismissed due to violations of due process?
Yes, a case can be dismissed due to due process violations. In your situation, the lack of proper notification and paperwork, along with unauthorized signing of documents, could be strong grounds for dismissal. Consulting with a criminal defense lawyer in Nebraska is essential to explore this further and take appropriate legal action.