Legal Question in Criminal Law in California

Missing a court appearance

My brother was scheduled for a court appearance in Santa Barbara criminal court. He was arrested for a violation of probation and I believe for drunk driving. The day before his scheduled appearance he left Santa Barbara and moved in with our 86 year old father in Palo Alto. He claims his lawyer said he didn't need to be there for the court appearance but I believe that he is hiding out. I am worried that the police will come and arrest him at my father's house. What happens if you don't appear when you are on the court calendar? This hearing was postponed 4 times prior to this last time. My brother lies to us all the time so I don't know how I can get correct information.


Asked on 6/05/09, 8:23 pm

2 Answers from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Missing a court appearance

Although an attorney is not free to discuss his client's case with anyone without the client's permission, your brother's lawyer is not doubt stressed to try and find a way to get his client to court. Therefore, if you call him and ask when is the next court appearance and is your brother required to be present, he will probably talk to you, as you might be able to help him. Alternatively, you can call the criminal court clerk and ask the next court date and whether the defendant's presence is required. If the answer is that there is no date because a bench warrant issued, you'll know the answer. Good luck.

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Answered on 6/05/09, 8:34 pm
Karen Olson Attorney at Law

Re: Missing a court appearance

Check the online court docket for that county. You should be able to find out what happened in court and whether a bench warrant was issued for the arrest of your brother. If not, you can contact the Santa Barbara court clerk's office to find out the status of the case. It is public record.

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Answered on 6/09/09, 2:39 pm


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