Legal Question in Criminal Law in California
i have a notice to appear in placer county california. The last sentence says "You MUST appear at the date and time given". does the word MUST legally mean may as it does ccording to blacks law dictionary
4 Answers from Attorneys
No. Must means "must" (as in, there is no discretion to do otherwise), at least in California. Black's says that must means "may" in only some contexts. A notice to appear is not one of those contexts.
I don't know what version of Black's you are using. But here's an easier way to think about it. "Must" means the same as when your mother said you must clean your room or you will be in big trouble.
Or another way to look at it is ... you can do whatever you like, however, a warrant will likely be issued for your arrest if you are not in court on your appearance date (or an attorney is not there for you.) In most misdemeanors, an attorney can appear for you.
When an warrant for your arrest is active in the system, this means you can be arrested at any time and your vehicle will be impounded, if you are in a vehicle when "they" find you. That is expensive, as is bail. "They" can also go to your home or work and pick you up.
In conclusion, you can do what you like, but rest assured "they" will be having the last laugh. In short, I don't recommend to blow court dates - that is never a good idea. This is not a time to try to split legal hairs. Good luck on your case!
Ms Hofmeister is correct. must MAY mean that either you must appear in person or that your attorney may appear for you. Without knowing the charges I cannot tell you whether you must appear in person or whether an attorney can appear for you.
Your best bet is to hire an attorney. Once you tell her/him what the problem is the attorney may be able to tell you whether you must appear personally. Unless this is a minor infraction you may have to appear any number of times on the matter An attorney may be able to appear without you at least on some of the dates, But only if you have an attorney.