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

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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

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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

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Yes, you should appear. There are instances where the court will allow you to be represented by counsel only. However, it is difficult to get that granted by the court. In my opinion, your non-appearance in court will only hurt your case. Remember that juries are fickle, and most people don't want to serve on jury duty, so be careful that they might have a bias against you because they have to be there and you do not. Also, it might be interpreted as you not caring enough about your case to be present.

Answer Applies to: California
Replied: 10/28/2011

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On a misdemeanor first offense DUI you should be able to have an attorney appear for your at an arraignment.

Answer Applies to: California
Replied: 10/28/2011

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Your first court appearance is an arraignment not a trial. Yes you can hire an attorney to make all the appearances for you.

Answer Applies to: California
Replied: 10/28/2011

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Generally in California, an attorney can appear for you on a misdemeanor charge. Talk to a criminal defense attorney in your area who specializes in DUI charges.

Answer Applies to: California
Replied: 10/27/2011

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Yes an attorney can make all appearances on a misdemeanor DUI.

Answer Applies to: California
Replied: 10/27/2011

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An attorney in California may appear for his client in most misdemeanor cases and that includes a DUI.

Answer Applies to: California
Replied: 10/27/2011

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That is one of the big advantages of hiring counsel, he/she can appear for you and will.

Answer Applies to: California
Replied: 10/27/2011

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Technically an attorney can make the appearance for you and go to trial without you. It's tough to win if you aren't there but the trial can go on.

Answer Applies to: California
Replied: 10/27/2011

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If you have an attorney they may make appearances on your case without you. It is even possible for your attorney to enter a guilty plea without you there and get your sentence for you. This can happen if you give your attorney a notarized statement to do this. Most courts will only do this if you have a good reason for not appearing.

Answer Applies to: California
Replied: 10/27/2011

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The attorney can appear for you for pre-trial appearances but you better get there for trial. You have to consider what will the jury think if you are not there.

Answer Applies to: California
Replied: 10/27/2011

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You do not have to show up-but I think you should. Juries do not like it when defendants do not appear at their own trial.

Answer Applies to: California
Replied: 10/27/2011

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A retained attorney can appear for the defendant without the defendant present if the case is a misdemeanor ( which it sounds like your case is). It sounds like you are scheduled for a first appearance, which is called the arraignment. If you plan to get the public defender, you need to appear for the arraignment and request the court appoint one for you. As far as not appearing for an actual trial, your attorney will likely need you to be there for that and ordinarily the court will order the defendant to be present for the trial. A lot can happen to settle your case between arraignment and trial (pretrial stage); often times the lawyer can work out a plea bargain, especially in a case like yours where the blood alcohol level is relatively low. If a settlement is worked out, the lawyer can most often handle the plea via a notarized forms. The best thing for you to do is contact an attorney as soon as possible. Retained counsel can also help you with the DMV issues and perhaps, at a hearing, keep you from a suspension on the driver's license.

Answer Applies to: California
Replied: 10/27/2011

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Your question is confusing. If it is a trial you have to show up. But if you don't have an attorney it is probably not the trial but an arraignment. Under California law once you retain an attorney he or she can appear for you at the arraignment.

Answer Applies to: California
Replied: 10/27/2011

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You can stipulate that you were the person involved in the DUI and then you would likely not be require to be in court on your DUI case. Your attorney could appear for you. However, if you are needed as a witness it would be necessary for you to be there. An attorney can appear for you at the hearings leading up to your trial and you would not need to be there either.

Answer Applies to: California
Replied: 10/27/2011

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Yes. Most DUIs are misdemeanors, meaning a lawyer can appear without you and can even resolve the case for you without you ever stepping into court. Just make sure you hire a DUI specialist soon, because you only have 10 days to contact the DMV to try and save your license.

Answer Applies to: California
Replied: 10/27/2011

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An attorney can appear on your behalf and you don not have to be there.

Answer Applies to: California
Replied: 10/27/2011

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For trial? Yes, unless the judge agreed to allow you not to attend. It would be a bad move to not be there for trial though... A jury would form no connection to you whatsoever and it would be much more likely for them to convict a person who's not there. If you're asking about whether your attorney can appear in court on your behalf on other routine appearances, then the answer is yes.

Answer Applies to: California
Replied: 10/27/2011

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Do not know what stage of the case you are at. From the way your post reads, trial could be fairly soon. No to be rude, but your attitude need a severe adjustment. If you want to just go to jail, do not go to court and eventually you will be picked up on a warrant, put in the jail until you serve your time. You will then robably lose your job. Hire an attorney. Talk to him or her about your options.

Answer Applies to: California
Replied: 10/27/2011

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If your DUI case is a Misdemeanor then you may not be required to be present at your Trial. However, if it is filed as a Felony then you must be present every time the case is called, including every day of your Trial. You should discuss the pros and cons of not attending your Trial with your Attorney. In some cases, your physical presence in Court is vital. Kick the matter around of whether or not you should be in Court. An experienced Attorney can help you achieve your best result before a Jury.

Answer Applies to: California
Replied: 10/27/2011

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The first court date is not a trial. It is an arraignment. You simply enter a plea at an arraignment. To answer your question, yes, an attorney can appear in your place if you hire one.

Answer Applies to: California
Replied: 10/27/2011

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You should hire an attorney. Not only can he/she make all your court appearances for you but at a .09 B/A they can probably get you a reduction to a "wet".

Answer Applies to: California
Replied: 10/27/2011

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In most cases, an attorney can appear for the client in misdemeanor cases on behalf of the client. Your attorney needs to have you can execute a form under Penal Code section 977.

Answer Applies to: California
Replied: 10/27/2011

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Yes, because it looks like you are being charged with a misdemeanor, your attorney can appear for you under California Penal Code Section 977(a). You will most likely have to meet with your attorney (after work) and sign a plea deal (if he cannot get the case dismissed) with a notary. But yes, your attorney can do this for you without you needing to be present.

Answer Applies to: California
Replied: 10/27/2011

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An attorney can appear for you in misdemeanor matters at all stages of the criminal proceedings except the actual trial. Most cases do not go to trial so you will probably be fine.

Answer Applies to: California
Replied: 10/27/2011

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Yes, with an attorney you won't have to appear in court at all.

Answer Applies to: California
Replied: 10/27/2011

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If the case is set for trial, the judge may want you to be personally present. However, if the case is set for any other type of hearing, the judge may allow an attorney to appear for you under penal code section 977.

Answer Applies to: California
Replied: 10/27/2011

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Yes, if you hire an attorney, they can appear in court on your behalf.

Answer Applies to: California
Replied: 10/27/2011

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