Legal Question in Criminal Law in California

RE: Mandatory Appearance??

I have recieved a ''fix it'' ticket. I have already been in front of the commisioner. If I am required to appear before the Judge again and am ill.Can another person appear for me with the required documentation? Or must I hire an attorney to represent my case?


Asked on 8/01/08, 11:16 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: RE: Mandatory Appearance??

Anybody who appears in court on your behalf has to have a license to practice law.

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Answered on 8/01/08, 11:58 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: RE: Mandatory Appearance??

It is either a lawyer or you.

If you fixed the problem and have the required documentation, perhaps you can try to call the traffic court clerk to get another date, earlier or later. Worth a shot if this is a big problem for you.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/02/08, 12:36 am
Robert Mccoy Law Office Of Robert McCoy

Re: RE: Mandatory Appearance??

Technically, only an attorney may appear in front of a judge for you. But then again, technically, the prosecutor is required to be present, which he never is unless you are in San Diego County. So, traffic court frequently ignores the technical rules. This is not necessarily good news, however, because I have seen traffic judges sentence people to jail, although, technically, they are not supposed to do that. You should take your proof of repair to the clerk before the court date and the matter should be taken off calendar or continued. But if it is not, it is pretty easy, although not cheap, to win on appeal. If you have already missed your court date, go to traffic court and ask the clerk to set another date for you to see the judge. Note that if you miss your court appearance, a warrant for your arrest may be issued.

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Answered on 8/02/08, 4:40 am


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