Do I have to be physically present at my DUI trial?
I received a DUI in California when I was visiting family members over the Fourth of July weekend. I now have a pending court date. Do I have to be physically present at the proceedings or can I just hire a local attorney?
Answered By: Law Office of Eric Sterkenburg
You do not have to be present for the court dates before your trial if you have an attorney and have signed a waver of personal presence; as long as the DUI is charged as a misdemeanor. You should be there for your trial if you expect to win.
Answer Applies to: California
Replied: 8/31/2010
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: California
Replied: 8/31/2010
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: Law Office of Joe Dane
You may be required to attend the trial itself, but a local criminal defense attorney can attend all other proceedings on your behalf under certain provisions of the California Penal Code. I have handled misdemeanor cases for out-of-state clients on several occasions without them ever having to be present in court. A judge can order you to be present in certain instances, but from what you wrote, your lawyer should be able to appear on your behalf.
Answer Applies to: California
Replied: 8/31/2010
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: California
Replied: 8/31/2010
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: Law Office of John Stanko
On a misdemeanor in California you can appear through counsel, per Penal Code 977, unless the judge for some reason orders you present.
If this is only your first court date it is for an arraignment and you should hire local counsel to assist you. Trial is at least 45 days down the road and likely longer than that.
I specialize in DUI and traffic cases, call me for a free consultation.
Answer Applies to: California
Replied: 8/30/2010
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.
If this is only your first court date it is for an arraignment and you should hire local counsel to assist you. Trial is at least 45 days down the road and likely longer than that.
I specialize in DUI and traffic cases, call me for a free consultation.
Answer Applies to: California
Replied: 8/30/2010
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: Hale Law Group
You can hire a local attorney for most of the proceedings. If you go to trial that would no longer be the case. I handle DUI in and throughout California, with great success.
Call me at your earliest convenience to discuss representation.
Answer Applies to: California
Replied: 8/30/2010
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.
Call me at your earliest convenience to discuss representation.
Answer Applies to: California
Replied: 8/30/2010
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: Prometheus: A Social Justice Law Firm
I would recommend actually being there, in case you are to be taken into custody and so you can support your own defense, if necessary. I handle such matters, so you can contact me for an initial consultation.
Answer Applies to: California
Replied: 8/30/2010
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: California
Replied: 8/30/2010
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: Law Offices of James C. Bechler, A.P.C.
Since you have a 5th amendment right to not testify,you can be tried "in absentia" (not present). A voluntary waiver of the right to be present requires true freedom of choice. A trial court may infer that a defendants absence from trial is voluntary and constitutes a waiver if a defendant had personal knowledge of the time of the proceeding, the right to be present, and had received a warning that the proceeding would take place in their absence if they failed to appear.
Answer Applies to: California
Replied: 8/30/2010
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: California
Replied: 8/30/2010
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: Steven Mandell
You may not have to be present at any of the PRE-TRIAL hearings (there should be several) if you have an attorney, but whether you should be in court for your trial is a tactical decision that you should discuss with your lawyer. 98% of all misdemeanors settle without a trial, and if yours settles, you may not have to be present for that either. Talk to a local attorney. If your matter is in Southern California, please do not hesitate to contact me
Answer Applies to: California
Replied: 8/30/2010
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: California
Replied: 8/30/2010
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: Nelson & Lawless
Yes, you can hire a local attorney for this, as with any misdemeanor. He can appear and handle everything except any jail time you might be sentenced to. His goal will be to negotiate a plea bargain that does not include jail. Depends upon your record and priors, if any, and all the facts and evidence. Contact me if serious about handling this, to discuss the details of what you can expect.
Answer Applies to: California
Replied: 8/30/2010
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: California
Replied: 8/30/2010
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: Law Office of Lindsey McGregor
As long as you hire an attorney, and the DUI is just a misdemeanor (would only be a felony if you had 3 prior DUIs or this DUI caused injury/death), you do not need to be physically present during any court proceeding. You just must have contact with your attorney regarding the status of your case.
Answer Applies to: California
Replied: 8/30/2010
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: California
Replied: 8/30/2010
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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