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    semaj25's Avatar
    semaj25 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 1, 2015, 03:26 PM
    Lawyer failed to tell me court date had changed now a warrant is out for my arrest
    Lawyer failed to tell me that my court date had been brought forward, resulting in a warrant being issued for my arrest. I asked my lawyer to explain why I had not turned up at court to Procurator Fiscal and to ask for another court date and for warrant to be quashed. The PF refused saying I did not have a good enough reason for not turning up. I think this is unfair I am in my sixties I have never been in trouble before. I have been accused wrongly of benefit fraud and the criminal trial will be in the Sheriff court Scotland. I fear that this failure to appear will go against me. I also fear that I have chosen the wrong lawyer. HELP!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Feb 1, 2015, 04:33 PM
    You surrender yourself to the police immediately. Tell them you were not informed about the change in dates and only just learned about the warrant. As soon as you did you came in to surrender yourself. I doubt if you will be arrested. A new hearing will be scheduled and you should get a new attorney.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Feb 2, 2015, 07:11 AM
    I doubt if you will be arrested
    Surrendering oneself to the police is, in effect, saying "Here I am. arrest me.". I don't believe the police would have any discretion. If there is an outstanding arrest warrant, they would have to take OP into custody.

    OP will be held until the court decides to release OP.

    I suggest that OP find another lawyer and get legal advice regarding how to handle this situation before surrendering to the police.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Feb 2, 2015, 09:36 AM
    While I don't disagree with AK, let me clarify. I don't think you will be detained. Clearly they will process you.

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