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If anyone has ever tried a felony failure to appear case, here is the issue. If the court sends notice to the address that a defendant lists on his bond, is this considered good notice? Also, what responsibility does the defendant bear for informing the court and/or his bonding company if he changes address? Can we get a jury instruction on certified mail being returned "forward time expired return to sender" considered good notice? Any comments will be appreciated.
 
Posts: 120 | Location: Chambers County Texas | Registered: March 03, 2003Reply With QuoteReport This Post
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I file those cases pretty routinely when I can, but I only file them when the defendant has actual notice of the court date. I am usually looking for a setting form with the defendant's signature and the setting date on it. If a "notice of setting" letter was returned, and nobody actually spoke to the defendant, then I do not think you can prove he had notice of the setting.
Perhaps I am too conservative, though.
 
Posts: 8 | Location: Houston, Texas | Registered: January 22, 2010Reply With QuoteReport This Post
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This is not your typical docket reset. Mandate came down and it was time for the Defendant to turn himself in, so there was not a signed reset like you typically have. It was a situation where he was sent notice from the clerk and the court that the mandate had been received and he needed to be here at a certain time.
 
Posts: 120 | Location: Chambers County Texas | Registered: March 03, 2003Reply With QuoteReport This Post
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The notice is on the bond: Appear when mandate issues. The defendant can hardly complain that he didn't get the call if he vacated the location he said he would be to receive that notice. The ultimate proof also comes from the evidence of how is eventually found. If he is caught on a warrant in another state several years from now, you have your proof beyond a reasonable doubt that he didn't intend to appear. If, on the other hand, he shows up next week and says, "Why didn't someone tell me?", he genuinely didn't know.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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