Uploaded on Apr 13, 2023
Do you want to know can my attorney represent me in court even if I'm not there? If so, the response differs based on the case against a person. Certain legal issues require defendants to appear in court, while others allow a lawyer to plead with them without their presence. For detailed information, read our PDF.
Can My Attorney Represent Me In Court Even If I'm Not There?
Can My Attorney Represent Me In
Court Even If I'm Not There?
It's probably the most often asked question, wherein the response differs
depending on the case against a person. Certain legal issues necessitate
defendants to present in court, while others enable a lawyer to plead with
them without being physically present. Thus, comprehending these civil
proceedings is imperative since failing to appear in court when mandated
might culminate in legal penalties. Below we have elucidated a few instances
obliging you to be present in court and those in which your p ersonal injury
lawyer Manhattan can attend on your behalf.
More significantly, contemplate consulting with a competent lawyer to
determine whether you qualify for your lawyer to appear in court without you.
Inform your attorney what you are explicitly charged with to get the best
solution for your case. Thereby, before deciding anything, confer with an
experienced lawyer and obtain their advice.
Felony Cases
If you or your family member is charged with a felony, they must appear
during the case's every step, including the arraignment, plea, preliminary
hearing, trial, and verdict. While dealing with criminal offenses, the court
takes trials rigorously owing to the bail issue in such circumstances. The
judge's inferences might result in the defendant requesting bail or extending
it if it has already been posted. Nonetheless, there are exceptions to the
felony case's norms. An accused individual might have a lawyer to testify for
them only if the court authorizes them to execute a written renunciation of
their right to be physically present in an open court.
Misdemeanor Cases
While misdemeanor cases against a defendant might allow them to have a
lawyer represent them in court, particularly if they aren't physically present,
recognizing a few exclusions are imperative.
DUI (Driving Under The Influence):
Although the court might sometimes permit a person charged with DUI
to miss a hearing in their case, the defendant is mostly obliged to
partake in the arraignment, plea, and sentence. Moreover, individuals
accused of DUI must get counsel with a lawyer to get acquainted with
the specifics of such cases. Even if the application exhibits issues
concerning not attending the proceedings, attending it for the
defendant is prudent. Let's reinstate the point, refusal to appear might
cause criminal penalties. Consider employing a personal injury
lawyer in Brooklyn to assist you throughout the case.
Domestic Violence:
If you're accused of domestic violence, you must present at the
arraignment and sentence stages since, during these legal
proceedings, the court imposes a protection order, and you must be
present to be notified of the order's conditions. Thus, in such cases, a
court appearance is indispensable.
Plea:
Regarding filing an appeal on the client's behalf, most courts permit
attorneys to submit it without the defendant's presence. On the
contrary, lawyers must file a Tahl waiver demonstrating they have
negotiated with their client. Submitting this waiver is imperative as it
ascertains that the defendant comprehends the offer's implications and
their right to a trial. Conversely, some courts won't accept such
waivers. Rather, they mandate the accused's presence at the plea
hearing.
Wrapping up
Getting acquainted with the specs of the case charged against the accused
is imperative. If you're in a similar situation, confer with an attorney to help
you navigate the legal procedure. Yet, the court may grant a defendant's
non-appearance with your lawyer representing you if you're too preoccupied
to attend court.
Source: https://sites.google.com/view/lawyer-appear-court-without-me
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