Legal Question in Criminal Law in California

If it is filed as a Felony, you must be there. If it is filed as a misdemeanor, you can retain counsel to appear on your behalf, without the need of your appearance. If your attorney tells you that, with the proof of the trip (tickets, reservations etc) your lawyer may be able to appear on your behalf on a felony, if your lawyer believes the judge will issue and hold a bench warrant for a future date (ususally up to 30 days) upon your return. I wish you well.........David Wallin

Second degree burglary (all others besides residential) are "wobblers" and may be filed either as a felony or a misdemeanor by the DA. The police will always treat wobblers as felonies though and arrest & book you on the felony, even if the DA would never file a felony.

If this is connected to a shoplifting incident, or if the dollar amount is relatively low, or if your record is otherwise pretty good, the DA is likely to only file the misdemeanor against you. If that's the case, your attorney can appear on your behalf.

If for some reason the case is filed as a misdemeanor, there can still be things done by your attorney to keep your travel plans in place.

Bottom line - You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard. Because of the travel issues, don't wait until the last minute.

Please pardon any typos - posted via mobile device.

As I understand your question, the trip you plan to take will be completed before your court date. If this is the case you may go on the trip unless you have received a court order to the contrary. To be absolutely certain you can check with your bail bonds person.

You must appear at every court hearing date if this is a felony. However, your attorney can get the date advanced by going to court earlier than the scheduled date with you, so you could go on the trip.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.