Which is Worse? Driving on a Suspended License vs. Driving W/O a Valid license

How to Get a Public Defender Appointed on a Criminal Case.

Broke and in big trouble? You may be entitled to have the Judge appoint a Public Defender to help you if you are charged with a misdemeanor or felony.

What Is a Public Defender?

In a land far far away, a long, long time ago, a great Supreme Court ruled that all criminal defendants have a right to a “competent defense” which means attorneys help.  Now, anyone charged with a misdemeanor or felony crime has the right to an attorney and if the person cannot afford to hire a private Attorney, the law requires that the court appoint one to help the defendant at the public’s expense. When the Court appoints an attorney to help a broke defendant, they are called “Public Defenders”.

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Public Defenders are real Attorneys, and are generally very good at what they do.  I spent three years with the Santa Cruz County Public Defenders office my self, and can say they do consistently provide great legal work and fight to protect rights.  Those defense daemons are in court everyday helping defendants in trouble, getting evidence suppressed, and they usually know the ins and outs of each courtroom, each judge, and every prosecutor.

Every county has its own Public Defers Office, or a contract with a private law firm to do the assigned work. Sometimes it is a division of the county, as in Santa Clara County. In other counties, such as Santa Cruz, the county has a contract with a law firm to provide Public Defender Services. In Riverside, the court just appoints private attorneys from an approved panel. Most of the time, the offices of the Public Defender are at or near the courthouse.

California Government Code Sections 27700-27709 require a county’s public defender to provide legal representation for indigent persons in certain circumstances.  These California statutes are really just a restatement of the requirements the US Supreme Court set for 5th Amendment Rights in the famous 1963 case of Giddeon vs. Wainright.  And in most counties, the public defender heads the county law office which fulfills this obligation in the most cost effective manner.

Every county handles these qualifications differently, and there is no single rule on how much you can earn or have before you do not qualify for the Public Defender. In some counties, if you are unemployed, you qualify. In others, the requirements are stricter, and you must have no property to sell.
In some counties, such as Santa Cruz, the qualification procedure is relatively simple. The defendant, once in court, makes a request, and the judge will ask several questions with the defendant under an oath to tell the truth.

The questions will include whether or not the defendant is employed, owns their own house and car, etc. Thereafter, the judge just makes a decision whether or not the defendant can come up with the money for a private Attorney.

In most counties, employment is enough to disqualify a defendant.  The court expects the cost of an attorney hurt.

If the judge decides to appoint the Public Defender, he or she just tells the public defender in the courtroom to take the case and talk to the new client.

In other courts, such as Riverside, or on felony cases, the process is more complicated. In some courts, the defendant must fill out an application form and prove what their income is, and a decision to appoint a Public Defender is made at another time. Then a meeting between new client and court appointed attorney is done at a later date.

But no matter what court a defendant is in, the process is basically this: the defendant must go to court, make a request for a Public Defender, and then provide evidence that they qualify for a Public Defender because they cannot afford to hire a private Attorney.

Some Public Defenders Offices will answer simple questions from a potential client in advance of a court date, but generally they do not give detailed advice before being appointed.

Most county Public Defenders do have web sites with good information, with one of the best being the Los Angeles County Public Defenders Office.

While Public Defenders are a great value and help to an indigent defendant, they do have limitations.

Some courts will charge a defendant for the Public Defenders worth according to what they can afford (as determined by the court). In some cases, this charge can range from $100, to $10,000.

Public Defenders are also restricted to helping only on the case the court appoints them for, so if a defendant have multiple cases in different courts, several Public Defenders may be needed, instead of one private attorney. And generally, Public Defenders will not help with DMV problems or hearings.

For Defendants without outstanding warrants, Public Defenders present a problem because they cannot be appointed until the defendant appears in court. This means the defendant must first be arrested, or get their own court date before getting help.

Usually, if a court denies the appointment of a Public Defender because the judge rules the defendant can afford to hire an Attorney, the court will give the defendant time to shop for a private Attorney.

If you need to ask for a Public Defender, I recommend explaining to the court why it is impossible for you to hire a private attorney.

Public defenders are not available on infraction only cases, such as speeding tickets.  Most of the time, they are not available for appeals.

-Christopher Dort, Esq.

Editor

Email: cdort@dortlaw.com

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How to Deal with Proof of Insurance Violations (Vehicle Code 16028)

One of the most common and most expensive traffic tickets a driver can get is a failure to have proof of insurance while when asked by a police officer. In California, the violation is technically known as a Vehicle Code section 16028 infraction, and nearly all states have a very similar law. The typical fine for a Veh Code 16028 violation is about $1200 once court costs and “penalty assessments” are added. But there is a way to save big $$.

If you received one of these citations, you are probably very interested in reducing or getting out of the fine. After 12 years of handling these violations for clients, I have some good tips for saving money, and here is what you need to know.

I. The Violation is for Not Having Proof of Insurance With You While Driving, Not for a Lack of an Insurance Policy.

Nearly every day I get emails from drivers stating something to the effect of:

“I have a VC16028 violation, but I had insurance at the time.!”

Well, the bad news is that having insurance is not a complete defense to the charge. If you did not show proof to the officer when he / she asked for it, you are guilty. So a trial is rarely a good idea. The better option is to talk the judge into dismissing or reducing the fine without a trial.

II. If You Had Valid Insurance at the Time of the Citation, Show Proof in Court.

The ideal way to get an insurance ticket dismissed is to appear in court with your proof of insurance (covering the date of the violation), show it to the judge, and ask for a dismissal. If you want to sound really smart, ask for the dismissal in the interests of justice under authority of Penal Code section 1385. Technically, the court does not have to accept proof of insurance in court, but almost all judges will. The best way to ask for a dismissal is to say “I just could not find the paper before the officer wrote the citation.”

To get the insurance violation dismissed correctly, you need to appear in court prior to the date listed on the bottom of the citation next to your signature. Do not wait for the court to send you anything!! They are not required to send you a courtesy notice. Go to court and ask for an “Arraignment” prior to the date on the ticket. You may have to go in at 8 am and ask for a walk in court appearance.

In most courts you cannot get an insurance violation dismissed by mail without unreasonable difficulty. The best way to do it without frustration and wasted time is to appear in court in person. At some courts, it can be done at the court clerks window, but either way, you have to go in person to get it done right.

There may be a “dismissal fee” that you have to pay in person. See California Vehicle Code section 16029(e), and VC40611 for more details on the dismissal of insurance violations.

III. If You Did Not Have Insurance at the Time of the Ticket, Get It ASAP!

If you did not have insurance at the time of the citation, but got it before the date on your citation, you are eligible for the minimum fine. [See California Vehicle Code section 16029(e)(1)]

But to get that minimum fine, you must appear in court and ask for it.  You cannot do it by mail.  The correct what to get the minimum fine on an insurance violation is to appear at the courthouse prior to the date on the traffic ticket (by your signature) and ask for an Arraignment.  Once in the courtroom, and your case is called, tell the judge “I have proof of valid insurance that I got after the citation and I would like to ask the court to accept it and give me the minimum fine in accordance with CA Vehicle Code section 16029(e)(1).

By following this procedure this procedure, even if you are fully guilty, you will save yourself about $900 - which is far more than the cost of insurance.  So get insurance!  I recommend using the insurance link above to get a quality set of quotes for auto insurance within 2 minutes.

And aside form saving money on the fine, auto liability insurance is always worth the money (See my article on What Happens If You Get Into An Accident Without Auto Insurance.

(See also: http://www2.courtinfo.ca.gov/cjer/courses/traffic/stats/vc_2.htm#16028 )

And it never hurts to ask for a dismissal under penal code section 1385 even if you got an auto liability policy late - all they judge can say is no.

IV.  If The Court Gives You a Hard Time, There May Be a Good Issue for a Trial.

In my 12 years as a defense Attorney, I have noticed that over and over again, police officers give out traffic tickets with only one violation listed - the insurance violation.  But the law actually states that it is illegal for an officer to stop someone solely for the purpose of checking your insurance.

If the only violation on the traffic ticket is listed as a VC 16028, and you want a trial, your best defense if that the officer pulled you over illegally just to check your insurance.  Once in court, the officer is bound to make up a reason for the stop, such as “I saw her speeding”.  But you can effectively counter this statement by simply asking the officer:  “You did not note a [speeding] violation on the ticket, did you?  Then in your final argument, tell the judge there is no reliable evidence the stop was legal - the only reliable evidence is the ticket, which mentions only a VC16028 violation.

One final recommendation - GO TO YOUR COURT DATE EVEN IF YOU DON’T HAVE INSURANCE!

If there is no way you can get insurance before the date on your citation, go to court anyway and ask for more time.

The court will almost always give you more time to fix an insurance issue. The trick to staying out of trouble is to show up on time to ask for more time.

The worst thing you can do is to blow off your court date - that will only increase the severity of the problem.

C. Dort, Esq.

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How to Find Warrants in California.

Here are some self help tips for How to Do Your Own Warrant Search:

First, you have to understand what you are looking for.  Warrants do not just suddenly appear from nothing. They are Orders from a Court that tell law enforcement officials to take a person in to custody.  Warrants are the product of a problem in a pending court case.   Most California criminal and traffic court warrants (and their cases) are processed by the Superior Court for the County where the case is pending.

Instant Complete Warrant Search

Because nearly all warrants originate from a Superior Court case, that is the primary source for information on a warrant problem and the best place to start.  But if you do not know which court you want to get information from, you can use a warrant search service such as www.ArrestWarrants.org to help you.

Warrants are public court records, and are not confidential or private in any way. Everyone in the public has a right to get information on an active arrest or bench warrant for anyone else.

When you are looking for a warrant, the important information that you want to find is:  1) the case number and courthouse location; 2) the bail set on the warrant; and 3) the charges that are pending in the case.

Usually, warrants result from a failure to appear for a court date, or a failure to comply with a court order (such as paying a fine or attending court ordered classes).  In some cases, warrants can also be issued for a failure to pay child support, but this is rare.

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If you know which court the case with a warrant is pending in, a good place to start is the web site for that county’s Sheriff or the Superior Court.  Some Superior Court and county sheriff’s offices do allow on line searches for warrant info, but not all do.  The San Diego County Sheriff’s Office is a great example of a Sheriff’s Dept that provides excellent on line warrant searches.  The Alameda County Sheriff’s Office is a great example of a Sheriffs office that does not even try.

In some Superior Court web sites, you can look up warrant info on a case on line by checking the “on line services section” of the court’s web site to find the case info, but not all courts are as good with allowing public access to case and warrant info.  The Orange County Superior Court is an excellent example of a court that provides free on line access to case and warrant details.  The Alameda County Superior Court is a Court that does not even try to give the public on line access to criminal and warrant case info.

If you know which court issued the warrant, but cannot get on line access to the info, you can call or visit the court clerk to request the information.

At TrafficCourtPros.com, we have tried to collect the links to court web sites for free warrant search / case info looks for the courts that have on line accesses.  You can check for your county by Clicking on our Free Warrant Search Link.

There are some web based companies that will do a background report on a person for a fee, such as the site we recommend, www.arrestwarrants.org.  These services can a good source of info to help you get on the trial of the information that you need.

Some courts do not (or are very ineffective at) providing warrant and case information over the phone or on the web. Therefore, the best way to get this info is to go to the courthouse and visit the clerks office personally.

If you think you have a warrant because you failed to appear for a court date, or failed to comply with a court order, then you probably do have a warrant, and you probably already know the courthouse where the case is located.

Don’t waste your time calling the police, DMV, the sheriffs office, or the Post Office. Warrants come from the courthouse where the underlying case is located. Calling or visiting the court clerk is that court is the best way to get information on a warrant and its underlying case.

Sometimes a court that issues a warrant will also cause the defendant’s drivers license to be suspended.  In these situations, some warrant info may be found by calling DMV, but that is not the best source of info.  Warrants and drivers license suspension are completely separate problems.

So if you want to find out if you have a warrant, or why you have a warrant, the bottom line is that you need call or visit the court clerk’s office in the county where the underlying case is pending.

Some courts issue warrants from a criminal division and also a traffic division.  You may have to call, check or visit both divisions separately.  Better yet - you need to go directly to the court. If its a criminal issue - you need to talk to the criminal court clerk, if it is a traffic issue, contact the Traffic Court Clerks office.

Once a warrant is found, the problem must be solved.  This usually means taking care of the case that produced the warrant.  One or more court appearances is normally required for warrant problems, and jail time is a possibility.  People with warrants should consult with an attorney immediately.

Knowing that you have a warrant doesn’t really help much.  More info is needed.  The information you need to get quality advice from an attorney about how to solve a warrant problem is:

1) the case number;

2) the original charges in the case; and

3) the reason the warrant was issued.

The court clerk can give you all of this information.

If you use a warrant search company such as www.arrestwarrant.org, and find something, you can follow up by contacting the court for details on the case.

If you have a warrant, jail time is a possible outcome and every day that the warrant is outstanding makes a jail term more likely.  You may want the professional help of an Attorney who can do the tough work for you, and avoid unnecessary convictions or penalties.  In most misdemeanors, even if there is a warrant, California Penal Code section 977 allows an attorney to appear in court for a defendant. Because of this, Attorneys can do the work for you and help you avoid a stressful or embarrassing court appearance.

If you want advice from an Attorney on how to solve a warrant problem once you have basic information about it, get a Free Case Review from TrafficCourtPros.com or contact me directly at cdort@dortlaw.com

Questions?  Leave a Comment.

Attorney Christopher Dort

www.DortLaw.com

When Do Warrants Expire? Never On Their Own

I often get questions from people who have outstanding warrants asking when the warrant will expire.  Every time I get one of these question, I have to roll my eyes a bit - because when a person asks that questions, it indicates they do not understand what is going on when a warrant is issued.

In California, (and the rest of the US as far as I know) nearly all warrants are court orders instructing a law enforcement agency (usually the County Sheriff for a state warrant) to take a person into custody.  Most warrants are issued because of a problem in a pending case, such as a missed court date.  Because it is a court order, a warrant can only be recalled by the court that issued it.

Regardless of whether the warrant comes from the Los Angeles Criminal Court, traffic court, or federal court, there are pretty much only 3 ways to get a warrant recalled:

1) law enforcement takes person into custody;

2) person goes to court and cures the problem that led to the warrant issuance; or

3) person posts bail with the court and schedules court date to deal with the warrant.

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Some warrants are easier to take care of than others.  For example a warrant with a $500 bail may be resolved without jail time if taken care of correctly, but a warrant with a $1,000,000 bail means the person is going to jail for sure.

But there is no expiration period for a warrant.  They cannot, and should not be ignored for even a day.  Even a 10 year old warrant can result in arrest on the road, at the airport, or even at your place of work.

Courts that issue warrants do not just give up on their order to take a person into custody after a certain amount of time.  The warrants stay active until the problem is cured.

Many times in my 12 (or is it 13 now?) years of being a trial attorney, I have seen warrants 10 or more years old result in the arrest of a person.

In nearly all warrants, a court appearance is mandatory.  There is almost never a way to take care of a warrant by telephone (unless you use the telephone to hire an attorney and/or post bail)

The “statute of limitations” does not apply in any way to a warrant.  A “Statute of Limitations” is a deadline for a prosecutor to File Charges with the Court.  It is not in any way a deadline to catch a person.

And no, leaving the state or country does not solve a warrant problem.  It only makes it worse.  For example, last year I talked with a potential client that had a 15 year old warrant in Santa Clara County Superior Court.  It was a no bail warrant, and he had left the US to live in a new country, thinking he could out run the warrant.  Well, in the end, it turned out that the new country denied him residency due to the warrant in the US, and were in the process of booting him. And the real trouble came around when he discovered he probably could not fly back to the US without being arrested on the very old warrant.  I wanted to help him and have him hire me - but in the end I had to just tell him he was screwed. Even though the warrant was years old, he was going to prison for sure.

If you have a warrant pending, I strongly recommend getting one of our FREE ATTORNEY CASE REVIEWS and/or contacting the court to determine what to do.  Do not delay.  Everyday that a warrant remains pending makes it harder to get a good result.

Questions?  Leave a comment or contact cdort@dortlaw.com

Understanding Misdemeanor DUI Probation in California

First Offense Misdemeanor Driving Under the Influence convictions in California generally get similar sentences no matter what county.

Although a conviction of the DUI statute(s): Vehicle Code section 23152(a) and Veh Code 23152(b) has a maximum sentence of 1 year in county jail, most first time DUI offenders are sentenced to little or no jail time and a term of misdemeanor probation.

Probation Violation or DUI Warrant?

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In most cases, the terms of probation are standardized. Here is what you need to know about Misdemeanor DUI probation in order to avoid common violations caused by confusion or correctable problems.

Probation is a Substitute for Jail Time:

When a court offers a Defendant probation, what the court is really saying is:  Accept these terms of probation or accept jail time.  Of course, most people prefer probation over jail, but you do have the option to say “No, I want Jail Time”.

Generally, when stating a sentence on a first offense DUI, the court will state there is a jail term “Suspended” pending the completion of probation.  In most courts for a Misdemeanor first offense DUI, this Suspended Term is 30 or 60 days. So long as probation is completed without problems, the Suspended Jail Sentence is not carried out.

Misdemeanor Probation is Usually “Informal”:

In most California Superior Courts, misdemeanor probation is also called “Court” or “informal” probation because there is almost no active court monitoring of the defendant.  Instead of active monitoring, (which does exist in Felony probation), the court issues a set of court orders (probation terms) that must be complied with.  Usually, the term of probation is 3 or 5 years.

Most Common DUI Probation Terms:

There are standard terms of probation that are issued in nearly all CA 1st offense under the influence cases:

1) Pay a Fine (Fine amount varies from court to court);

2) Attend and complete First Offender DUI / Substance Abuse Program (AB548 program in many cases : More Info on DUI Classes);

3) Complete Sheriff’s work program or community service as ordered (some courts will require a few days of jail here);

4) Do Not Drive At all (unless properly licensed and insured);

5) and other miscellaneous terms.

Of course, there are deadlines for most of the terms, such as the fine payment and signing up for classes.

Terms of Probation Are Stated Orally By The Judge, and Given To Defendant in Writing When the Conviction Happens:

How do you know what the terms of your probation are?  Well, the court gives them to you when you are convicted.  Conviction only happen when a defendant pleads guilty, or at the end of a trial that the defendant loses.  If you do not have a trial, you get the terms of probation at the hearing where you plead guilty.

90% of DUI cases end in a guilty plea.  Very few end with a jury trial.

Before taking a guilty plea to a misdemeanor, a judge must first get the defendant to waive their right to a jury trial on the record.  Normally, this happens with the client in court, who pleads guilty and give up the right to a jury trial in live court orally.  In most courts, the judge will also require a written “Waiver Form” to document the guilty plea.

Once the guilty plea is taken, the court states the terms of probation, and the court clerk writes them up on a document known as a “Minute Order”.  Every defendant who is in court and pleads guilty gets a Minute Order that will list any probation terms.

Defendants with private criminal defense attorneys can send the Attorney to court to plead guilty for them - thus avoiding a court appearance.  When this happens, the defendant does not hear the court state the terms of probation, but the attorney is required to provide the terms of probation to the defendant in writing.

If you have lost your terms of probation, you can get them by contacting the probation department at the court where you were convicted.  You can also go to the court clerks office and view/copy the court’s file on your case.

If You Miss a Deadline, Schedule a Court Date:

When any of the terms of probation are violated, the court issues an arrest warrant.  Usually this happens when a defendant does not complete a class on time, fails to pay the fine on time, or fails to show up for jail time or the Sheriff’s work program.

Usually when a violation is alleged by the court, a warrant issues and the court revokes the probation completely.  When there is a revocation of probation, the court can re sentence the defendant on the original charge or impose the suspended jail sentence.

Defendants are entitled to a hearing before they can be convicted of a probation violation, but the burden of proof is much lower for the government than the standard “beyond all reasonable doubt”.  Probation violations are easy to prove for a prosecutor, especially when there is a paper trial like in a DUI case.

Once probation is violated, revoked, or a warrant issued, the defendant cannot just continue on probation as if nothing is wrong. If a defendant misses a fine payment, future payments will not get a warrant recalled or probation reinstated, the judge must first give the defendant permission to pay the fine (rather than just do the sentence in jail instead of probation).  The same is true of a defendant who fails to complete the AB 548 classes on time.  The defendant cannot just re enroll in the classes and expect everything to be fine.

The proper way to solve a probation violation problem is to get the case back in court, and usually, ask the judge to recall the warrant without remanding the defendant to jail, do not require posting of bail, and give the defendant a second chance and reinstate probation.

How To Prevent DUI Probation Problems:

1) Make sure you meet all fine payments as ordered by the court.  Do not wait for a bill. Keep records of your payment and prof of mailing if you do not pay in person (recommended);

2) Sign up for the classes on time, and do not go after drinking (drinking is a common reason for dismissal).

3) If you are not sure if your case is OK - call the criminal division court clerk at the court where your case was heard and ask for the status.

4) Do not drive while your license is suspended;

5) Go to the jail or sheriff’s work program on time, even though it hurts!  (Having to work or take care of old family never works as a defense to a probation violation)

The Worst Way to Deal With a Probation Violation?

If a probation violation warrant results in an arrest, the chances of a good outcome are low.  Voluntary action is the secret to a good result.

When there is a probation violation on a DUI case, even something as simple as a missed class, the court will issue a warrant and send it to the sheriff’s office for service on the defendant (ride to jail).  Most Sheriff’s offices will make at least one attempt to arrest the defendant at home or work, and then will follow up randomly.  Most people who are caught on DUI probation violation warrants are caught driving, or at the airport.

Law Enforcement will do DUI pre dawn warrant sweeps during election years.

An Attorney Is Worth The Money If You Have A DUI Probation Violation Problem:

DUI probation violations can be solved quickly with a private attorney. If the problem is recent, an attorney can usually in most California Criminal courts, get the case added on to the court’s schedule within 4 days - sometimes the next day and make a request to reinstate probation without the client being in court.

For older warrant problems, and in difficult courts, the defendant does have to appear in court with the attorney. Some judges want to ask the defendant questions - like: “Why should I give you a second chance”.  The attorney can get the appearance scheduled, and help you get in and out fast, but can also demand and conduct a hearing to defend the client if the judge refuses to cooperate with a reinstatement of probation.

And when I do the work for a client with a DUI warrant, I make sure I can give a well prepared and persuasive presentation to the court, and effective defense at a probation violation hearing if needed.

There is no question that people who hire private attorneys get better results than those who go to court with a warrant alone.  It’s sad, but true - hiring professional help makes a difference.

Contact Attorney Christopher Dort Email: cdort@dortlaw.com for free quotes on DUI warrant cases in most California County Superior Courts. “I am confident we can solve your problem right!”

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Dealing With DUI Warrants From Missed Court Dates and Probation Violations

One of the most common forms of arrest or bench warrants in California Courts today are warrants from driving under the influence cases (Veh. Code sec. 23152). It is a common problem that we see often at TrafficCourtPros.com.  Here is some general information on how an Attorney would deal with a typical DUI warrant problem.

There are basically two ways to end up with a warrant after an arrest for driving under the influence:  1) a failure to appear in court; or 2) a violation of probation.  Step one is figuring out which type of warrant is the problem.  We’ll deal with each separately.

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Failure to Appear Problems.

Most DUI warrants result for missed court dates.  Usually, it is the first court date that gets missed (called the Arraignment).  When this happens, generally, the court will issue a bench warrant under penal code section 853.7 or Vehicle Code section 40508(a).

If the Defendant posted bail to get released from jail prior to court, the court will also revoke the bail bond, and thereby open the jail door for the defendant.

To get the warrant recalled after a missed court date (also known as a failure to appear), either the defendant or an Attorney representing the defendant must appear in court in person. Once in court, the Attorney or Defendant must ask the judge to recall the warrant.

Usually, this is a two step process:  1) getting the court clerk to get the case back on the courts calendar; and 2) appearing in court to ask the judge to recall the warrant.

Once a request to recall a failure to appear warrant is made, a judge has a few options:  1) approve the request and reinstate bail (if any); 2) increase the bail the defendant must pay to stay out of jail; or 3) take the defendant into custody immediately.

For many failure to appear warrants, an Attorney can do this work without the defendant being present in court - if the problem is addressed quickly.  But some judges will be harsh and require the defendant to appear in court, and then take the defendant into custody.  The court technically has the power to keep a defendant in jail until trial if they miss a court date.  But it is rare.

Once the warrant is recalled, the case progresses normally, and the defendant must enter a plea of guilty or not guilty and have a trial.  There may be an added charge of misdemeanor failure to appear (Vehicle Code section 40508a) for the defendant to deal with.  If there is a separate failure to appear charge added, it has a maximum penalty of 6 months to one year in jail once the case ends and the judge imposes a sentence.

Probation Violation Problems:

Most first time DUI defendants are found guilty (or plead guilty) and are given a sentence that includes 3-5 years of court probation.

This court probation includes requirements (terms) such as: 1) pay a fine; 2) do not drive without license and insurance; 3) complete a substance abuse program (AB548 program or similar); and 4) complete jail or sheriffs work program time by a certain date.

If a probationer fails to satisfy any of these terms, or gets arrested for a new crime, the court will typically revoke probation completely, and issue an arrest warrant.   This can happen if the probationer gets caught driving (vehicle code section 14601.2), or if they fail to complete the DUI classes on time.  A missed fine payment can also result in a warrant and probation violation..

Once probation is revoked in a misdemeanor or DUI case, the court has the power to re-sentence the defendant on the DUI charge.  Basically, they can start over.

And a probation violation can prevent a defendant from getting the conviction expunged after probation ends.

To clear a probation violation warrant, an Attorney or defendant must: 1) get the case back on the courts calendar; 2) appear in court and ask the judge to recall the warrant; and 3) ask the judge to reinstate probation on the original terms and conditions.

To get a case on the courts calendar, an Attorney would go to the criminal division court clerks office and request a calendar setting for the case.  Sometimes, a form is required.  In some counties, such as Santa Clara, the Attorney must go into the courtroom and get the judge to sign the setting form.  Then the form must be filed with the clerk.

In the Los Angeles County Superior Court, the process is slightly different.  The court clerk can set a date without a judge’s signature.

In some, but not all courts, an Attorney can get a misdemeanor DUI probation violation warrant recalled without the client in court.  Some courts will require the defendant to appear in court.  Some judges will take all people in this situation into custody and sentence them to jail for 30 days or more.  Some judges will give defendants a second chance if they take care of it correctly.

Probationers do have a right to a hearing to determine if they actually did violate probation.  But in most cases, a probation violation hearing is a waste of time, because the violation is obvious (i.e., missed fine payment, or caught driving). And to make it worse, the burden of proof on a probation violation is very low - it is easy to get a conviction for the prosecutor.

There are very defenses to a probation violation charge - other than it did not happen.  Explaining a missed fine date by stating you could not afford it will not work, and explaining why you were driving will not work.  Once the event happens, there is a violation. Dealing with a probation violation is usually more damage control than anything.

So in general, the Attorneys goals on a DUI warrant problem are to: 1) get the warrant recalled; and 2) talk the judge into a reinstatement of probation under the same terms and conditions as existed originally.

In most DUI cases, it is very important to get into court as soon as possible to solve the problem.  People who wait end up with the worst results.  Everyday that goes by with a warrant outstanding makes it harder to get a no jail result.

Answers to Some Frequently Asked DUI Warrant Questions:

Q. What Happens If A Defendant Cannot Pay a Fine on Time?

A. Generally, the courts treat a failure to pay a DUI fine as probation violation. A warrant can be issued,  and probation can be revoked. Once probation is revoked, a defendant cannot pay the fine until the court reinstates probation, because the fine and amount of the fine are terms of probation.

If a defendant cannot pay a fine on time, they should appear at the court clerks office in person (phone calls will not work) and request a court appearance.  Once in court, a defendant can ask the judge for more time.  This must be done before the fine payment is due.

Q. If I Have A Warrant in CA, but Live Out of State, How Can I Take Care of It?

A. In just about all DUI warrant cases, a court appearance is mandatory. However, an out of state defendant in a misdemeanor case can hire an attorney to make the appearances for them. Although most courts will require the personal appearance by the defendant before recalling a warrant, in some cases an attorney can ask the court for an exception where the defendant cannot go to court without interstate travel. Most courts will grant the request (but not all).

Q. How Can An Attorney Help on a DUI Warrant?

A. In most common DUI cases 9Vehicle code sections 21152(a) & (b), an Attorney can appear in court for a Defendant and handle the case (penal code section 977). If a warrant has been issued for a probation violation, or failure to appear, and Attorney can appear in court for hte defendant and request that the warrant be recalled. In most cases, an Attorney can get a routine warrant recalled without the client having to appear in court. However, it varies from courtroom to courtroom, and in some courts, judges policy dictates the defendant must be present to get a DUI or probation violation warrant recalled. Some judges will take defendants into custody, even if they try to get the warrant recalled correctly.

Not all county superior courts deal with DUI warrant cases the same. In some courtrooms, such as Judge Hastings courtroom in Santa Clara County, a defendant with a DUI warrant is likely to be arrested as soon as they show up in court. In other counties, such as San Diego, the judges will recall a DUI warrant, even years old, if the defendant appears in court voluntarily and takes care of the outstanding issues. An attorney can at times help a defendant get his case into the right court to minimize the chances of the client being taken into custody during a warrant hearing.

Q. What Happens if a Defendant Fails to Complete DUI “Classes” On Time?

A. In most first offense DUI cases, the penalties are routine - the court will impose a jail sentence that is suspended pending the completion of probation. Usually, completing DUI classes such as an AB548 program are included as terms of probation. If a person fails to complete the terms of probation on time, the court can issue a warrant, revoke probation, reinstate the suspended jail sentence, and charge the defendant with a separate probation violation. Because of this, a defendant who has failed to complete DUI classes on time generally must return to court for a request to reinstate probation and a new referral to the classes.

Q. Can Probation Be Reinstated If it Was Revoked?

A. In misdemeanor cases,  the court will frequently sentence a defendant to court probation in place of a jail sentence, which is “suspended” or paused. If the terms of probation are completed without trouble, the jail sentence is never imposed. However, if a defendant violates a term of probation, or misses a court date or deadline, the first action the court takes is to revoke probation.

Once probation is revoked, the court can re sentence the defendant to the “suspended sentence” and can charge the defendant with a separate probation violation that can lead to jail time on its own.

If probation has been revoked, a defendant can request that it be reinstated on the same terms and conditions as before. Whether or not the request is granted is up to the court, but if the court grants the request, yes, probation can be reinstated. It is common for a court to reinstate misdemeanor probation terms after they have been revoked, if the violation was minor, or recent.

Christopher Dort, Esq

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What to Worry About for a Pre Employment Background Check.

Looking for a new job and worried about a pre-employment background check? You are not alone. Finding out what information is available about you to potential employers, and taking corrective action early. may prevent the loss of a valuable job offer.

Here is a review of the problems that can show up on a background check, possibilities for corrective action, and info on how to Do Your Own On Line Background Check.

At TrafficCourtPros.com we have noticed a marked increase in the number of people who have been denied a valuable job opportunity because a pre employment background check revealed a bench warrant, misdemeanor failure to appear suspension, or pending probation violation.

The new corporate appetite for screening information is fueled by easy, and cheap access to criminal history reports and background checks on the Internet. Employers are using these checks as a way to eliminate applicants with pending court problems.  However, many of the problems that can cause the loss of a job opportunity can be solved before a loss of a job opportunity.

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Job Applicants Forced to Consent to Invasive Background Screening.

Unfortunately, applicants have little leverage to parent hiring decisions based upon information found on background checks.

California’s State Constitution does include an explicit right to privacy in its list of citizen rights (Article I, section1), and a citizen may bring a lawsuit for damages if this right is violated. But generally, this right does not apply to pre employment background screening.

This is due to the fact that many employers require applicants to consent to invasive background screening by signing a waiver on a job application. It’s in all of that fine print you sign on the bottom of a job application form. In short, many companies require job applicants to give up any legal rights to privacy they have to limit pre employment screening.

If you give them permission, a potential employer may search for criminal records, do a credit check, and require drug testing.

There Is No Standard For Background Checks.

There is no standard “Background Check” that all employers use. Employers may use any number of methods and sources to do a background check. But the common denominator in all of the varied methods is that they search public criminal history records maintained by state and federal courts, and law enforcement agencies.

All adult criminal records are public information and available to anyone unless sealed by the court under special application.

Infractions Do Not Appear In Criminal History Reports.

In general, job applicants do not need to worry about violations that are classified as “Infractions”. An Infraction is technically not defined as a crime, and carries only a fine as punishment.

Because infractions are not crimes, a defendant only gets a limited right to contest an infraction. The court can convict a defendant of an infraction even if the defendant never shows up. This is not true of crimes.

In general, a job applicant does not need to disclose the fact that they were found guilty of an infraction (such as speeding) to an employer.

But misdemeanor problems, including a failure to appear on an infraction, does cause the loss of job opportunities.

Misdemeanor Convictions and Felony Convictions Are Crimes.

Misdemeanors and felonies are different than Infractions. They are crimes, and generally must be disclosed to a potential employer if the applicant is asked. Such convictions will appear on background checks and can cause disqualifications.

What Shows Up on a Background Check?

Most pre employment background checks will reveal the following problems:

Felony Convictions: nearly all felony convictions will be available to anyone who knows where to look.

Misdemeanors Convictions: Misdemeanor convictions are public records, and can easily be found by anyone doing a search for a criminal history. However there are some exceptions.

Common misdemeanors that appear on criminal history reports available to the public include Driving on a Suspended License (Vehicle Code section 14601.1 -14601.5); and Driving Under the Influence (DUI), Vehicle Code section 23152.

Some violations can also be infractions if so designated by the court at the time of conviction and are designated as “minor traffic offense” by the court and generally do not cause pre-employment disqualifications.

Violations such as driving without a valid license (Vehicle code section 12500a) is an example of a violation that can be a misdemeanor or infraction.

Active Probation Will Show Up.

Probation is generally a period of court supervision that is granted in place of a jail sentence. Probation usually includes a limited time period (months or years) and terms that are court orders the defendant must satisfy. Active probation periods will appear on a background check and can cause disqualification.

Outstanding Warrants Are a Common Cause of Job Applicant Disqualification.

The court needs the defendant (or an attorney for the defendant) in court to complete a misdemeanor conviction. Because of this, when there is a misdemeanor charge, and the defendant fails to appear for a hearing, the court will issue an arrest warrant or bench warrant to get the defendant into court.

When an employer discovers a job applicant has an outstanding bench warrant or arrest warrant, generally, it is cause for disqualification of an applicant immediately. From the employers point of view, they do not want to hire someone and worry that they will be arrested and miss work, or worse yet, be arrested at work. Clearly, employers prefer applicants without a warrant.

But some employers will give an applicant some time to clear a warrant problem once discovered.

How To Find Out What Information Is Available on You.

Knowing what is out there will help a job applicant prepare for the disclosure, and may allow corrective action before the employer makes a disqualification. Here is how to get the info yourself:

1. You can do your own Instant Background Check.

2. You can check with the court where you know you have a problem.

3. If you believe you may have a warrant or missed a court date, you can contact the local county sheriffs office to do your own warrant search, or call the court clerk where your case is located. Some courts and sheriffs offices allow warrant searches on-line.

4. You can find warrant and case information on anyone on line in counties such as Riverside, San Bernardino, San Diego, Orange County, and many others. Visit TrafficCourtPros.com for more free warrant search resources.

What Types of Background Problems Can Be Corrected?

Expungements Can Clear the Record of Some Convictions.

Some misdemeanor convictions and non violent felony convictions can be “expunged” – which means removed from if the courts records. To get an expungement, you must petition the court for termination of probation and dismissal of the case.

State law determines which convictions can be expunged, and generally the court requires that a defendant have proved himself or herself rehabilitated from the criminal behavior.

An application for an expungement commonly takes 60-90 days, but can take longer depending on the court.

Probation can be terminated early in some cases where the defendant has stayed out of trouble for most of the probation period. Request a free case review to get more info on this possibility for a specific case.

Bench Warrants Can Be Cleared In Court.

Misdemeanor Warrants can generally be fixed fast. Because warrants are issued from the court because a defendant has not appeared in court, once a court appearance is made, the court can recall the warrant.

In most misdemeanor cases, an Attorney can go to court for a defendant to clear a warrant. In serious misdemeanors, or felonies, the defendant must appear with or without an attorney to clear a warrant.

On some warrants, jail time is required. But once the appearance is made and the court satisfied, the warrant can be recalled.

The amount of time it takes to clear a warrant varies from case to case. But in many cases, a court date for a warrant recall can be scheduled within a few days.

What Can An Applicant Do If A Potential Employer Finds Something?

Many companies will give an applicant time to clear a problem succh as a misdemeanor warrant or probation term. Applicants can negotiate for this time by asking for it. And any applicant in this situation would be wise to tell the employer exactly what they plan to do, and remind the employer of the potential value they can still bring to the company.

Driver History Reports Are Not Criminal Records.

However, applicants should be careful not to confuse a criminal history report from the court or law enforcement with a Drivers History Report from the Department of Motor Vehicles. A drivers history report or “DMV record” will reveal all moving violations, whether they are infractions or misdemeanors (including speeding, failure to appear, etc).

If you have a warrant you need to clear, probation you need to terminate, or a conviction you want to try to expunge, get a Free Attorney Case Review from TrafficCourtPros.com.

If you want to do your own Instant Background Check, I recommend: www.Gov-Resources.com

-Christopher Dort, Esq.

Editor Email: cdort@dortlaw.com

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How to Fight a Civil Assessment Fine in Traffic Court When You Can’t Get a Court Date

Are you stuck with an unfair Civil Assessment on a traffic ticket where you had no opportunity for a trial?  Had to deal with a court clerk, or GC Services employee, who tells you that you cannot have a court date because the case is in “Collections” even though you just discovered the ticket?

Screw them! I think the courts that do this are illegally denying the defendant a trial and therefore, denying Due Process of Law as required by the United States Constitution.  And after doing some real legal work in the last few days, I believe there is a solution if you are willing to put in a little effort.

Here is my best, updated,  professional legal advice on how to demand a court date, and how to prepare for an appeal if you get screwed out of a court date.  It has links to the applicable laws, and free and nearly free recommended forms.

Recommended Form: Demand for Trial and Entry of Not Guilty Plea (Written by Attorney Christopher Dort and has worked many times);

Related Articles:  How to Fill Out a Petition to Vacate Civil Assessment Form (Penal Code section 1214.1) |  How to Appeal a Traffic Court Case

The Problem:  Court Sends a Case to a Collection Agency and Denies Defendant a Court Date, Because the Case is “In Collections”

There is wide variation on how California’s traffic courts treat a failure to appear (or a claim that you failed to appear) on a traffic citation.  Some courts will issue a warrant and a failure to appear charge under Vehicle Code section 40508a.  Others will suspend a person’s drivers license (using Vehicle Code section 40509.5) until there is an Arraignment for the defendant to enter a “guilty” or “not guilty” plea to the charges.

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But some courts skip the presumption of innocence part and suddenly decide a defendant is guilty after a missed deadline that they invent.  In traffic courts such as Santa Clara, Solano, Fresno, and others, if the defendant misses the date on a citation, they send the fine bill to a collections agency and refuse to provide the defendant their day in court. They give the file to a collection agency such as GC Services, and for the defendant to talk with that company about payment. And by refusing the Defendant an arraignment on teh case, they take away teh defendant’s right to a trial.

Technically, there is a way for the courts to find a defendant guilty of infractions on a citation if the defendant does not appear in court.  The procedure is listed in Vehicle Code section 40903(a), which allows a court to “deem a failure to appear as a request for trial by declaration”.

But it is definitely not an automatic process.  Before a defendant can be found guilty, the court must actually have the trial by declaration without the defendant, and notify the defendant of the result of the trial.

Section 40903 requires the court to provide a 10 day warning of this election, and then Vehicle Code section 40902 requires the Court to provide the defendant a written “Statement of Decision” on the Trial by Declaration in absentia on an official California Legal Form, named Judicial Council Form #TR-215.

The problem is that some courts are very sloppy with their collection happy procedures, and they routinely violate the law by ignoring the requirement for a trial.  I have seen it over and over again in many courts.

Specifically, the courts with the flawed procedure commit 3 legal errors:

1) they fail to make the required “election” (choice) to deem the Failure to Appear a “Request for Trial By Declaration”;

2) they do not provide a 10 day warning of the election;  and/or

3) they do not provide the required notice of a decision on the trial, and

4) they fail to respect the deendant’s right to demand a Trial De Novo after losing a trial by declaration.

Instead, the offending courts skip the trial and arbitrarily treat the unproven allegations on a photo copied ticket as proven. No Trial.  No presumption of innocence.  No Proof the Defendant had actual notice of anything.

In these courts, once an arbitrary deadline passes, the court assumes guilt and calculates a fine amount based upon a guilty finding to a collection agency such as GC Services.  Then, in an attempt to prevent the rights of criminal due process from attaching, they call the fine a “civil judgement”.

And to make matters worse, they add a “Civil Assessment” of $300+, claiming authorization under penal code section 1214.1.

When an unfortunate defendant eventually discovers this sort of problem, the court clerk will tell the defendant (through the collection agency) that there is no choice but to pay the collection agency for the fine, civil assessment, and any fees the collection agency invents. The defendant’s right to a trial is lost.  The court clerk took it away.

The end result in these cases is that the late defendant never gets a trial on the original charges, and never gets a Due Process Hearing where they can challenge the “civil assessment”. They get screwed, and $25 correctable fix it tickets turn into $1200 collection agency bills that everyday people cannot pay.

Innocent people get screwed in these courts, especially in cases where the Defendant may have been the victim of identity fraud, or may not have actual notice of the court dates because they were away for, ummmmm, lets say active military duty.  Soldiers coming back from combat to find a 2 year old traffic citation in collections for a ticket they could not have possibly received???? It happens.

Sound familiar? It is a crazy but true aspect of the California Traffic Court universe.

The Solution: How to Fight a Civil Assessment Ticket When the Court Will Not Give You a Court Appearance.

Step 1: Demand Entry of Not Guilty Plea and Setting of Court Trial.

Recommended Form:  I have drafted a properly formatted, detailed and well cited form for exactly this step called “Not Guilty! Demand for Trial”. You can buy it for $9.99 as a down loadable “.pdf”, and it includes a Demand for Not Guilty Plea, Demand for Trial Setting, Supporting Declaration by Defendant, and instructions from me.

But you can write your own.  Here is an explanation of how the Demand for Entry of Not Guilty Plea works if you want to draft your own:

In most courts where this refusal of the right to trial happens, the defendant has not had an Arraignment, and technically, there has been no plea entered at all.  Thus, it stands to reason the Defendant should be allow to enter a “not guilty plea”.  A natural Consequence of a not guilty plea is the sitting of a trial date. In fact, a not guilty plea is a prerequisite for a trial.

Entry of a plea - whether it be guilty or not guilty -  usually happens at an Arraignment.  But if the court will not let you have an arraignment, you need to enter your plea by filing a document with the court clerk.

There has to be a trial, or you are presumed innocent.  The presumption of innocence is a fundamental pillar of our legal system and denial of it, on any level is something that can be appealed 2, 3, 4, maybe even 10 times all the way to the US Supreme Court if you are really obsessed with working on your case.

And the 5th and 14th Amendments to the US Constitution require Due Process, which the courts have ruled means a trial, before the State can Take your life, liberty, or property (including cash - which is just as good as money).  And even more to the point, Penal Code section 1214.1(d) explicitly requires that a Defendant be allowed Due Process to defend against a “civil assessment”.

So how do you Demand Entry of a Not Guilty Plea and Trial Setting if the court will not give you a Court date?  On Paper.  You have to write down the demand and present it to the court clerk for filing in the case.  Once in the court’s file, they have to either accept or reject your not guilty plea.

What if the court refuses to accept the Written Demand for Not Guilty Plea? Well, the court clerk you run into probably will have very little, or zero experience filing court documents such as motions, declarations, and other papers that are common in bigger cases.  And they are train to put up objections to everything.  There are not going to be happy about someone trying to file a document in a traffic court case.  But you have to be persistent and demand to speak with a supervisor if they give you trouble.  If you have a legitimate document to file in a pending legal case, the court clerk cannot prevent you from getting it filed (so long as it meets local rules).  It’s up to the judge (not the court clerk who never went to law school) to deny, allow, or ignore your filing.

What if they still refuse?  Well, it’s very unlikely that they will completely refuse to file your document.  But I can see it happening in some of the worst courts.

In the case of a complete refusal to accept your filing,  I recommend a 2 step process to force the court clerk to take action on it and to preserve your right to appeal on the issue:

1) Drop it of at the clerks office in person and get a “Proof of Service” form signed (by the person who drops it off); and then

2) Mail 2 copies to the court clerk with proof of delivery requested - request filing and return of a copy with a “Filed” stamp - and finally fill out and sign a “Proof of Service by Mail” form.

By keeping a signed “Proof of Service Form” you have legal proof that you “Served” the court with the document and then it can be the subject of an appeal if they ignore it.  It is always best to have someone besides the Defendant do the service part and sign the Proof of Service”.

Once you have gotten the Demand for Not Guilty Plea to the court clerk, they have to do one of 3 things:  1) ignore it; 2) reject it by sending it back to you with an explanation; and 3) tell you that you have lost the right to a trial. It is very important that you get proof that you got the request to the court clerk, because you may need it for the appeal if necessary.

If the court does give you a trial date, you have won - stop here.  Note:  they may require you to post “bail” in the amount of the fine, but there is nothing you can do about that if it happens.

Step 2: Demand a Trial De Novo.

If the court does anything besides give you a Trial date:

1) File a “Request for Trial De Novo” form and ask for a new trial.

A Trial De Novo (which means new trial) is possible and should be granted if you are denied entry of a not guilty plea, because they only way to deny entry of a not guilty plea is to claim there has already been a trial by declaration in absentia under authority of California Vehicle Code section 40903.

The law states that after being notified of a decision after a trial by declaration:

“if the defendant is dissatisfied with a decision of the court . . . , the defendant shall be granted a trial de novo.” (Vehicle Code section 40902(d).)

There is a standard state wide form for a “Request for Trial De Novo” that makes such a request easy.

A timely request should be granted because the court has treated the case as a trial by declaration, and made a decision of guilt.  The law states that once this happens, a defendant has a right to a new trial in person if they want one.

The catch is that you only have about 20 days to request a trial de novo after the court clerk MAILS the decision.  But they never send out a notice of decision in any form and worse yet,  Vehicle Code section 40902(a)(2) requires that the Court use the Official Judicial Council Form for that notice of decision (it is #TR-215 “Decision and Notice of Decision”). The clock starts running from the date they mail that form, but if they never send it, the clock and deadline to file a Request for Trial De Novo never starts running.

A defendant who did not receive notice on TR-215 from the court of the decision on a trial by declaration, but who got a civil assessment, should write on the form:

“Decision and Notice of Decision on Judicial Council Form TR-215 not sent and/or not received as of today”.

Once a request for trial de novo form has been filed with the court clerk (sent to the court clerks office with proof of delivery is best), the court must make a ruling on it.

If they refuse to file it - use the rocedure outlined above wherein you drop off a copy in person, and then mail and get proof of service forms for each delivery.

Generally there are only 2 options for the court:  1) grant the request for a new trial; or 2) state that it was filed late, and provide the date of mailing of the decision Form TR-215.  If the court denies the request, it is a decision that can be appealed, again with a standard Notice of Appeal Traffic Court Form from the Judicial Council.

2) Assuming the Request for Trial De Novo fails, a civil assessment victim defendant in Santa Clara traffic court can file their local form called a “Petition to Vacate Civil Assessment”, which gives the defendant one more chance to get a review of the case.

On this form, the Defendant can argue: a) notice of the TBD was not proper; b) they are innocent and did not have an opportunity to be heard; and/or c) there is some other reason that the civil assessment should be removed and/or a court date allowed.

(Many other courts have a similar local petition form).

If the Petition to Vacate Civil Assessment is denied, that too may be the subject of an appeal.

A defendant with a traffic citation and civil assessment can use this process to force the court to look at it several times - and with a little justice - can beat the completely unfair imposition of a civil assessment without proper notice or justification.

But if none of this orks for you, you will have a perfect record for appealing several issues, including:  Denial of right to arraignment; denial of trial and due process; violation of the right to be presumed innocent, etc.

Appeals of traffic court cases are free, and the forms are free.  See my related article on How to Appeal a Traffic Court Case.

If you need to appeal after following this procedure, I will try my best to answer your questions for free help you get it done right.

If you want help filling out these forms, and advice on the best strategy, I offer affordable one hour attorney conferences for $89, and will answer general questions for free.  cdort@dortlaw.com

-Christopher Dort

When Can an Attorney Go to Court for a Client Who Stays Home?

The issue of whether or not a defendant has to actually appear in court, or if they can send an Attorney to go for them, comes up a lot in California’s misdemeanor criminal and traffic court cases. Here is an explanation of when the client does have to show up in person to a court appearance, and when they can go to the beach instead.

California Penal Code section 977 allows an attorney to appear in court for a defendant in any misdemeanor case except for a few crimes that are excluded, such as domestic violence cases (Penal Code sec. 273.5 cases).

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But other than a couple exceptions, an Attorney can go to court for the client in nearly all California misdemeanor  and traffic infractions cases.  The Penal Code sec 977 law (statute) allows the Attorney to cover for, and speak for the defendant in all misdemeanor proceedings, including arraignment and sentencing.

The law does state that a court MAY require a DUI defendant (a person charged with Vehicle code section 23152 violations) to appear in person for Arraignment and other DUI dates - but it is very rare for a court to require this of DUI defendants.

In most courts, an Attorney can do all of the routine work involved in a DUI and misdemeanor case without the client having to go at all. An attorney can go in alone, and plead guilty, not guilty and even get sentenced for the client who can go about their work or school activities.

Because of this fact - that a client can go to work or school instead of court when they hire an attorney - the attorneys work is very valuable in terms of limited stress and frustration of the client.

Public Defenders can appear in court for their defendants, but to get a public defender, a defendant must appear in court and ask for one - then meet financial/income restrictions. And many public defenders prefer their clients to attend court, because that is the only time they get to conference together in person.

Some Private Attorneys prefer that their clients attend the sentencing in person, so that if something goes wrong, the client cannot claim they did not know what was happening.  This is especially true when the Attorney knows there is going to be a bad outcome, but its not required in most cases.

The few times when a client actually must go to court in person to court with or without an attorney is when there is a bench warrant pending, or when they want to provide testimony in a hearing or trial.

Felony defendants are out of luck. They must appear for their court dates in person, unless they get a specific waiver filed and approved by the court.