Question
Can I possibly re-schedule a court hearing?
I was charged with a felony drug charge. I am 18 hours away and can't in any possible way get to court. Is there any possible way I can avoid getting a warrant. All I need is another court date. What can I do?LawQA.com Answer Library
Answered By: Law Office of Daniel K Martin
If you have a lawyer the lawyer can appear for you and ask that the judge hold the warrant. This is unusual and not every judge will go for it.
Answer Applies to: California
Replied: 9/27/2011
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: California
Replied: 9/27/2011
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.
Answered By: Law Offices of Phil Hache
For a felony, you will need to be there even if you have an attorney. If it is impossible to be there, I would recommend hiring a private attorney that can help explain your failure to be there in an effort to get some leniency from the Judge. Then show up to recall a bench warrant that may be given as soon as possible.
Answer Applies to: California
Replied: 9/24/2011
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: California
Replied: 9/24/2011
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: Law Office of Eric Sterkenburg
Your attorney can request that the current court date be vacated and another court date be scheduled. If you do not have an attorney then you need to contact the court as soon as possible and explain the problem and ask to reschedule the hearing.
Answer Applies to: California
Replied: 9/24/2011
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: California
Replied: 9/24/2011
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: Law Office of Andrew Roberts
I would suggest you get an attorney who can appear for you and request that the warrant be held for another day or so. Courts can be reluctant to do this- but an attorney might be able to arrange this. You need an attorney to represent for this matter anyway . If all else fails call the court and explain your situation.
Answer Applies to: California
Replied: 9/24/2011
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: California
Replied: 9/24/2011
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: Law Office of Peter F. Goldscheider
Contact the court clerk immediately and tell them the problem. I would try to make the appearance though at any cost.
Answer Applies to: California
Replied: 9/24/2011
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: California
Replied: 9/24/2011
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: Law Office of Tracey S. Sang
Tell your attorney. In such cases, usually the judge will issue a warrant but hold it until you can get to court. If you don't have an attorney, you need to call the clerk of the court and do the legwork yourself. Volunteer to make a telephonic appearance. Good luck.
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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: Peter Duarte, Attorney at Law
hire an attorney, if you cant make the court appearance, the attorney can ask the court to staythe arrest warrant to the date you can appear in court.
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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: Bensmochan & Poghosyan, LLP
You have to hire an attorney to appear on your behalf pursuant to Cal. Pen. Code Section 977 and request the court for continuance. Generally, in felony cases, the accused shall be present in court, unless, with leave of court, the accused executes a written waiver of her/his right to be personally present (in misdemeanor cases, leave of court generally is not required).
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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: Dennis Roberts, a P.C.
Have an attorney appear and explain it to the judge. Best if he had a letter from you explaining where you are located and lack airfare. Good luck. Most judges are understanding of this UNLESS YOU WERE ON NOTICE FOR A SUFFICIENT PERIOD OF TIME. IF SO, BEND OVER.
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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: Law Offices of David L. Smith
Is this a first appearance? What stage of the proceeding are you in? What court are you in? You must make arrangements with an attorney to make a special appearance for you, but as a felony you are required to be present even with representation, the court will issue the warrant and hopefully hold it until an agreed upon date. If you do not appear a warrant will be issued.
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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: Law Office of Jeff Yeh
Nothing you can do. You have to be there. It's a felony, so a lawyer cannot appear without you, and no the date cannot be changed without you being there.
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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: Law Office of Maureen Furlong Baldwin
The easiest thing for you to do, if the charge is a felony is to hire a local attorney. Although attorneys cannot represent cleints without their presence on a felony, an attorney can call your case and ask the court to postpone it for brief periods of time, such as one day usually. Other than that, you can try calling the courthouse clerks and explain the situation to them. they may or may not get a message to the judge to call your case the following day, in some counties. Other counties are very rigid and it is not possible to reach someon. Your best and cheapest option is to hire an attorney.
Answer Applies to: California
Replied: 9/23/2011
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: California
Replied: 9/23/2011
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.
More Questions on Criminal Defense
- Who should view the chemical test results first?
- Can I sell my house after bankruptcy?
- Can I dismiss the DUI case if I was not read my Miranda rights?
- Do I have to submit to any tests for a DUI arrest?
- Can I settle for a public defender to handle my DUI case?
- Can I be charged with DUI without driving?
- Do varying offenses of DUI last differently on your record?
- How long will it take to process my DUI charge?
- Can I get limited license if I got my license suspended?
- Do I really need an attorney to fight a DUI case?
- Is there a chance to get a plea bargain for the DUI?
- What is the short term penalty for a DWI?
- Should I ask for an attorney first before agreeing to any test?
- Is there a way for me to lower down penalties for DUI?
- What happens after I am given a court order probation?
- How can I defend myself from DUI?
- Can I refuse a sobriety test?
- Is it considered as a DUI if I took a prescription drugs and drove?
- What are my chances to win against a DUI charge?