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    JohnAndrew's Avatar
    JohnAndrew Posts: 2, Reputation: 1
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    #1

    Sep 5, 2011, 07:15 AM
    Invitation warrant even possible {Scotland}?
    Greetings all.

    I'm a Scotish Citizen in Scotland and missed court {illness, managed to get there but an hour after called due to fevery couple days}. The intention was to request a Proof of Mitigation {?} hearing/trial. The thing itself I think was a sentancing diet, but on my previous appearance I had dismissed my lawer for incompetence and not following instruction {reporting to the Scotish body that took over from the Ombudsman} and am currently securing new representation in a few days time. I stated 2 of my 3 pleas where in the air dependent on fresh legal advice/representation due to poor advice previously. Do I have a right to stop this until I've talked it over with a competent lawer? I believe the judge didn't even note my withdraw of pleas even though I stood up and stated them... would they be in the court records to quote if he did roll over them?

    However, at mid-day tomorrow, the court passes the papers to the police for processing. I called the Procurator fiscals office and asked for an Invitation Warrant... they refused saying the moment the papers where delt with when handed down from the judge, it was too late. If so, what's the point in even having 'Invitation Warrants'?
    When I arraived late I asked for one, was told it was too late and I should get a lawer to speak with them.

    I've found a single bit of advice on the web that says I can appear at the court to represent myself and present my apology to them and request they withdraw the warrant and set a new date? Is this true?

    I'm going to call the court and see if I can be added to the lists to speak for myself, to apologise and request a new date... or should I just show up?



    The system seems based on money and paperwork... very confusing. Are there actual options people just can't be bothered doing/telling me? =( Sorry for the several questions, this is all very baffling to an outsider and I've a hard time telling what's Law and what's easiest for them. The dismissed lawer presented things as law that weren't... and I'm seeing more and more things in this neck of the woods rely on apathy for smooth running...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 5, 2011, 08:32 AM
    You do not speak officially to the judge unless the case is called. So no he may have "hear" but he did not listen since you were not there on time.

    No phone calls are merely a waste of time, filing motions in court to request all of this, is what happens.

    Also what was the time frame from "firing your old attorney" to the new court date, hours, days, weeks ?
    JohnAndrew's Avatar
    JohnAndrew Posts: 2, Reputation: 1
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    #3

    Sep 5, 2011, 09:16 AM
    Sorry for the poor grammer/spelling. Very busy and stressed generally at the moment. I appriciate the response a lot.

    I stood up and requested to speak, after the lawer acting in the name of the lawer dismissed releaved himself, dureing the called case.

    It was the 18th August when I was called and dismissed him, in court. It was only a stroke of luck that I discovered his handling of my case wasn't alone and there was a track record.
    I appeared on the 25th, but I hadn't been able to attain new representation by then, and was given till the 1st September and warned by the duty officer I needed anyone, even if I couldn't get someone to handle both my cases {both consisting of excessive police violence, this one I am guilty of stupid drunken behaviour however}, as the judge would rip me to shreds = \

    Currently, I officially don't have one until two days from now when the gentlman returns from a brief holiday.

    Am I able to appear tomorrow, be added to the lists and file a motion for an Invitation Warrant/apologise and resquest the court withdraw the warrant and set a date? {I've read this online as a possibility?}

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