A person convicted in absentia in a misdemeanour or felony may file an objection, heard by the same court that issued the judgment.
A person convicted in their absence, in a misdemeanour or a felony, may file an objection. The objection is heard by the same court that issued the judgment in absentia.
What this means in practice
A judgment in absentia is issued without your defence being heard. An objection brings the case back before the same court to be heard again in your presence. It is a different route from an appeal, which takes the case to a higher court.
What to do
- The objection is subject to a time limit that runs from the date you are served with the judgment, so do not delay.
- Attend the hearing in person. Failing to appear again may cause the objection to lapse.
- Gather what supports your position before the hearing, as the court will hear the whole matter.
Articles here are general legal information for public awareness and are not legal advice on any specific matter. Every case has its own facts, and any decision needs a full review of your file.
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