Do I need to appear in person in court for my DUI trial?
I just started a new job and do not want to take days off to attend court. If I get an attorney, could they show up for me? I was pulled over for speeding at 10:00PM. I blew a .09. I hadn't had a drink in over an hour and was heading back from a restaurant with my wife.
Answered By: Jacob P. Sartz IV., Attorney at Law
I'd recommend you retain a lawyer and plead not guilty. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. You have a right to council. OUI's carry significant license sanctions that go beyond just jail time and probation. Never plead guilty to anything unless you fully understand all the risks. Speaking generally, a defendant's presence is required for most court-appearances. Occasionally, at the court's discretion, there may be appearances that could be conducted by phone. Occasionally, at the court's discretion and for "good cause" appearances may be adjourned or waived. However, generally, defendants are expected to appear at scheduled court appearances. If a defendant fails to appear, the court may issue a bench warrant for their arrest and revoke their bond. Most attorneys provide free initial consultations. It is certainly worth a few phone calls. I would advise you to retain a lawyer or request that the court appoint you a lawyer at the public's expense.
Answer Applies to: Michigan
Replied: 11/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 11/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Kevin O'Grady
One of the advantages of having an attorney is that you may not be required to show up for every court date. Your attorney should fight for you and should inform you when you must be in court. I have had some clients who have actually never had to go to court. Hire an attorney that will fight all the time for you.
Answer Applies to: Hawaii
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Hawaii
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Seth D. Schraier
You are required to be present for your court appearance in criminal court. If you do not appear, a bench warrant can be ordered for you to appear. Additionally, if your attorney is able to reach a plea agreement with the prosecution, you will have to be present to enter your plea. In other words, the consequences in all regards for not appearing in court for your criminal trial greatly outweigh any benefit you would receive from going to work.
Answer Applies to: New York
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 11/2/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Justin C. Olsinski
You will need to talk to an attorney in your area, each county is different. By law you cannot waive an appearance to plead guilty, however some counties like Mecklenburg allow a plea by waiver for DWI. If you want to actually have a trial without your presence then NO, you cannot do that in any county.
Answer Applies to: North Carolina
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: North Carolina
Replied: 10/27/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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