Should My Husband, in Jail for Missing a Court Date, Retain an Attorney?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

‘My husband has been in prison since January. He was issued three warrants while incarcerated because he missed his court dates. Two warrants have been lifted but when he went to court for the third he didn’t have a public defender and the jail didn’t submit prison papers to the judge to show he was incarcerated at the time of his missed court date. They are now making him sit in jail another three weeks. Could obtaining a lawyer help get his case seen by a judge so that he can be released? He’s been gone 7 months now.’

Question: This will depend entirely on the facts of the case, and the local rules of the courts where you are located. But, absolutely, your first move should be to obtain an attorney for your husband.