Legal Question in Criminal Law in California

Notice to appear for misdemeanor

Can I settle my case before my court date? Can I request a court date earlier then the one on my misdemeanor notice to appear?


Asked on 7/19/09, 10:14 am

4 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Notice to appear for misdemeanor

Yes, can always try to advance your case and appear before the appearance date. The question is: Why?

If you're just trying to do this as a matter of convenience, then you're being short term smart and long-term foolish. You're better off contacting an attorney who can make all of the misdemeanor court appearances on your behalf under Penal Code section 977. This is just one of the benefits to hiring a private attorney.

In addition, you'll actually get a legal opinion about your best options, rather than just pleading guilty to save time or a trip to court. It could be that the DA can't prove the case against you. Maybe there are search or Miranda issues. Can the charges be reduced? Dismissed?

You'll just never know if you try to advance your case and "take care of it." The one thing you'll guarantee is a conviction on your record.

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Answered on 7/19/09, 10:34 am
David M. Wallin Law Offices OF David M. Wallin

Re: Notice to appear for misdemeanor

You first have to wait until the case is filed. So you need to check and see that the prosecuting agency has filed the case and it is ready for arraignment. Second, you need to call the court and see if the allows you to advance the matter to a date earlier than scheduled. 1 word of warning: Do not plead guilty to any criminal charge before you have sought the advice of a qualified attorney in or near your area. Its usually free so you have nothing to lose and , possibly, a lot to gain. David Wallin

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Answered on 7/19/09, 10:36 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Notice to appear for misdemeanor

Advancing a court date the way you described is possible, but only sometimes and I would not count on being able to pull it off. This would require talking to prosecutors to inquire whether they have filed a case and, if yes, whether they could put it on the court's calendar earlier. Because you should not put yourself in direct contact with any investigators or prosecutors, this kind of request should be handled by your own lawyer.

Feel free to contact my office for a free and confidential discussion.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 7/19/09, 1:20 pm
Terry A. Nelson Nelson & Lawless

Re: Notice to appear for misdemeanor

Yes, you can try, and yes you can go early by going to court and requesting the clerk advance the date. If you're serious about getting legal help,, and this is in SoCal, feel free to contact me.

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Answered on 7/19/09, 6:34 pm


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