Legal Question in Criminal Law in California
Rescheduling a calender court date.
I need to re-schedule a
calender court date for 9/21/
06, while out on bail. Is it
possible to do w/out appearing
in court? It is actually my
husband, and he is missing at
the moment. His family is
concerned, they put up their
house for his bond. This is
not like him to be
irresposible, please help us.
4 Answers from Attorneys
Re: Rescheduling a calender court date.
I'm afraid that's not how it works. The reason defendants are allowed out on bail is to ensure that they will appear in court as scheduled. Postponing a court date because the defendant has disappeared would be directly contrary to the bail's purpose.
Another reason you can't do this is that (presumably) you are not a party to the case. With few exceptions, non-parties have no standing to ask anything of the court.
Even if you could make such a request you would have to explain to the court why you want it. Explaining that your husband has gone missing will not make the judge eager to do him any favors.
If your husband has a lawyer you should ask her what to do. If he doesn't have one then his family needs to consult with a lawyer immediately.
Re: Rescheduling a calender court date.
Get a lawyer immediately. If the lawyer appears for your husband, he may be able to get it continued if this was not an 'appearance mandatory' hearing, maybe even if it was - it depends on the judge and DA being persuaded by the attorney's presentation and facts. However, at some point the court will revoke bail if he doesn't show up, and then the family faces loss of the house to the bondsman if they can't pay the full amount of the bond -- that's the risk of posting bond.
Feel free to contact me if the case is in SoCal and you're interested in doing this.
Re: Rescheduling a calender court date.
If it was me, I would contact a bail bond and retain a trained professional to hunt him down and put him in jail. Then I would retain an attorney to help avoid the bail being forfieted, with the loss of the house.
Re: Rescheduling a calender court date.
Only his attorney can do that. Get him representation immediately. Call me directly at 16192223504.
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