Out of town on appearance date

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Out of town on appearance date

I received a notice to appear, however I will have already left the state for the
summer before my date to appear. I am wondering if I can appear before I leave /
push it back to the fall, or will I need to hire a lawyer to represent me while I am
gone?

Asked on April 25, 2018 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Although you could ask for a continuance to delay the appearance until you return in the fall, a better option would be to request a telephone appearance.
With a telephone appearance, you call the court before the designated time of the appearance and then wait for the court to call you and the hearing is by telephone without you being physically present in the courtroom.
Ask the judge's court clerk if the judge will allow this.  If so, you will need to file a document requesting a telephone appearance.  The document must be timely filed; otherwise, your request will be denied.  The court clerk can tell you whether the judge will allow a telephone appearance, the appropriate document to be filed requesting a telephone appearance, and the deadline prior to the hearing for filing that document.  The court clerk can also tell you the procedure for calling the court to check in on the date of the appearance and then waiting for a call back from the court when the hearing commences.
 


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