Legal Question in Criminal Law in California

Re: Motion to Extend

call the clerk's office.

Re: Motion to Extend

I'll disagree with the previous answer. The clerk's office will not be able do to a thing for you.

If it's a courtesy notice letter, technically, it has no legal significance. It's merely to put you on notice that charges have been filed against you and that your case will be on calendar that day. It gives you the opportunity to appear on the case without having to post bond. You could ignore that letter completely. What will happen from there is the DA will submit the case to the court and seek an arrest warrant. Then it's either a waiting game to see if you get arrested on the warrant (bad idea to always be looking over your shoulder) or until you can get to court. Of course, with a warrant against you, you can forget air travel - they screen for those sort of things.

If misdemeanor charges were filed against you (the letter should say or you can call the clerk's office for this limited information), then an attorney can make the court appearances on your behalf under Penal Code section 977.

If this case is in Southern California and you'd like to discuss it further, give me a call.

Re: Motion to Extend

In most courts that I'm aware of, you can't do what you want. Either you or your attorney usually need to appear. If the charges are files as felonies you must appear, whether or not you have a lawyer. If they are filed as misdemeanors you usually can have an attorney appear for you unless you have issues with possible probation violations. I advise you to seek and obtain a highly qualified attorneyin or near your area. These are seriuos charges and will affect you the rest of your life. David Wallin

Re: Motion to Extend

Unless you want to risk having a bench warrant issued against you will have to appear on the designated date. If misdemeanor charges were filed your lawyer can appear for you and without you. If felonies are involved, you will have to appear in person. If absolutely impossible, your lawyer could appear without you to attempt to ask the court to hold any warrants until you are able to appear. You might be able to get a short extension that way. That said, this is absolutely not something you can take care over the phone. Calling the clerk's office will not accomplish anything. Get a lawyer.

Feel free to contact my office for a free and confidential discussion.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: Motion to Extend

By hiring an attorney to appear for you, on or before that date, to avoid a warrant issued for your arrest. He can make all appearances on misdemeanors without you being present, but not on felonies. If either of these was filed as a felony, which is probable, they you will have to come to court personally. If this is in SoCal court, and if you're serious about getting legal help you'll need, feel free to contact me.