I am scheduled to be in court December 1 prior to the arrest and arraignment I made travel plans with my family that have me arrive dec. 3. Is there anyway or hope to have my trial hearing date changed? Can I do it myself or does an attorney have to do it? The public defender won't talk my call because the have not been appointed, apparently that happens dec.1 if I do t show up with a lawyer.
I believe you're asking whether you can change the date of your felony arraignment? The answer is no, and you must appear or the court will issue a bench warrant. But, do yourself a favor and contact an attorney to help follow the case to see if the case will even be filed on or before December 1, or if it will be filed as a misdemeanor.
Greetings. This comes up frequently. I've practiced criminal law in San Diego County for the past 19 years. You should really consider retaining at attorney at this point to assist you with this case. I'm slightly confused by your post regarding the status of your case and whether or not 12/1 is really a trial date. More information is needed in many respects, but help is available. DO NOT just fail to appear without discussing this fully with a local, experienced criminal defense attorney.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
You must appear or the court will issue a bench warrant
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply
The court will agree to a continuance of the arraignment if the attorney representing you has had contact with you. I have done this when I have come into cases, or when a client who has retained me cannot for some reason attend the felony arraignment. The judge will issue a warrant and "hold" it pending the next appearance.
If you are distressed with the public defender, you should retain the services of a qualified San Diego lawyer to assist you.
I agree with my fellow attorneys. You should consult with a criminal defense attorney immediately. Best of luck.
12/01 appears to be your arraignment date. If you do not show up your bailbond previously posted will be forefeitted and a warrant will go out for your arrest....this will be a big problem, particularly if you are travelling after 12/01.
Retain quality, locally experienced, criminal defense counsel who can appear for you on 12/01 and, at worst, try and convince the judge to hold off on issuing the warrant a few days to give you time to get back into San Diego and appear in court.
An experienced attorney may be able to have the date changed. Have your attorney contact the prosecutor to advance the case in order to change the date. A good private attorney may be able to get this done for you. The earlier you do it the better your chance to get it done. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline