The best thing you can do us retain local counsel. He or she can appear in your absence. Also, a criminal defense lawyer will give you the best chance of success. You will killl two birds with one stone.
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
If you can't be there, you will need to hire an attorney to appear for you. Otherwise, a warrant will be issued for your arrest if you fail to appear. Unfortunately, you won't be able to push it back over the phone or prior to the hearing date, especially if you intend to ask for a public defender.
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
I agree with the other answers here. I would just add that in some counties the DA is slow to charge first time DUIs, which means the date given on a notice to appear by law enforcement may not be the actual date of your arraignment. Obviously though, you - or your attorney - should appear on the date provided in the citation so a warrant doesn't issue. Good luck.
I am NOT giving you legal advice. Nothing stated here should be construed to establish any sort of attorney-client relationship. My opinion stated here is limited by the information available to me. You should not rely on my statements in determining your course of action.
As a local DUI Attorney in Santa Cruz, I would advise you to show up for court. There are two judges that handle the Misdemeanor cases... One judge is notorious for issuing warrants, high dollar, when people do not show for court.
I agree with my colleagues above, you should at least retain local counsel and have them appear for you.
Generally, misdemeanors (generally how strait DUIs are charged), don't require the defendant's presence in Court. However, each judge has their own perspective on crimes in their Courts. As a result, you should contact local counsel to give you an opinion as to how the judge will view your lack of presence to determine if it will have an adverse effect on your case as a whole.
The information provided herein does not create an attorney-client relationship. The information provided is for informational purposes only and should not be relied upon. No reliance will be presumed. Only upon the hiring of qualified counsel can such advice be custom-tailored to the client's specific facts. Any prior results mentioned or referred to do not guaranty similar outcome. ADVERTISEMENT.