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If you are charged with a misdemeanor ( No DUI), and you have an attorney, do you still need to show up for your arraignment?

San Jose, CA |

I have been charged for violation of restraining order and I have an arraignment coming soon, (I already have an attorney), do I still need to show up for my arraignment. What happens if I don't?

Also I wanted to know, that if the court is going to issue a criminal restraining order on my arraignment day or not?

Attorney Answers 4


If you already have an attorney, then these are questions that would be better answered by your attorney who is more acquainted with your case.

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Why are you not asking your attorney this question? Follow the advice of your attorney; you are paying them for a reason. If you are being represented by the public defender you have to appear atyou’re your hearings.
Robert Driessen

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Yes, you should ask your attorney. Ask him/her about Penal Code 977(a) which generally allows attorneys to appear for their clients. Also, if a restraining order was issued, why would another restraining order be required unless it's more restrictive.

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There are certain types of cases that may require your presence at specific times. If your case has some connection to Domestic Violence, I am quite certain this will come into play. My recollection is that you must be present at the arraignment, and plea or sentencing.

Denis H. White, Jr.

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