I was arrested for failure to appear. my lawyer tells me he appeared for me and has proof he did.

Asked over 1 year ago - Poway, CA

am I required to attend a readiness hearing or can my lawyer represent without my presence ? If my lawyer attend the hearing on my behalf and has proof of it what can be done on my behalf ? I spent 8 hours in custody , paid money for bail and more time and money for rides from jail and back and forth to bail bond office . what can be done ?

Attorney answers (3)

  1. William Peter Daley

    Contributor Level 17


    Lawyers agree

    Answered . To answer your first question about attending the readiness hearing, if it is a misdemeanor you do not need to be present your attorney can represent you. However based on your attorney's past performance I would be a little bit skeptical of him not showing up again and another warrant issuing for your arrest.

    As for all of the additional cost and expenses that were incurred because your lawyer failed to attend the first hearing I think you should contact him and tell him he needs to reimburse you for all of those costs.

    It's really a shame when a lawyer does that to a client because it gives all of us good attorneys a bad name. If you want to fire him and hire a competent attorney you have the right to do that and you can ask him to refund you the balance of any unused portion of the fees which you already paid to him.

    You might hire one of us local competent AVVO attorneys to represent you for a reduced fee because of the bad experience you had with your prior attorney. Most of us offer a free consultation so if you like you should make a couple of calls and see if one of us competent local attorneys can help you out.


    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  2. David Philip Shapiro


    Contributor Level 18


    Lawyers agree

    Answered . Sounds like it's time for a new, locally experienced, criminal defense attorney.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Tai Christopher Bogan


    Contributor Level 18

    Answered . Whether you are required to attend is up the judge and the jurisdiction. For example today I went to two different courts. One required the client to be present while the other did not. Both for readiness. Both misdemeanors. There is misunderstanding around the state and among judges of when clients can be ordered to appear.

    On a felony case your attorney can file a 977 form to get your appearance waived.

    Regarding your civil remedies, you can consult with a civil rights attorney. The problem is judges have lots of immunity for their actions. Whether you have a case would depend on several factors of your case. Seek counsel.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
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