Parole, Probation, Release Can I waive my appearance and have my lawyer represent me in court?
- Thread Starter Rico_2013
- Start date
adjusterjack
Moderator
Your opponent has the right to question you about your testimony.
If you don't show up, you lose.
If you don't show up, you lose.
Zigner
Moderator
There is ONE person who is best positioned to provide the best answer for you.
Your attoney.
Tax Counsel
Moderator
If you already have a lawyer, then ask the lawyer that question. You've not given us much information to go on to tell you whether it's a possibility. What is the court date for — is a trial, motion hearing, or something else? Is it a civil or criminal case? And, in general terms, what is the case about?
If it's a criminal case and what's coming up is the trial, you will need to be there. If it's a civil trial, the type of case and what role you had in the events involved will matter. A lot of pre-trial motion hearings you don't need to attend; your lawyer should tell whether you'll be required to be there.
Thank you for your reply. It is a criminal case. Please allow me not to tell what the case is about because of privacy. Actually the trial was already over, and I already attended all the hearings and trial. However, it seems the acquittal was based on some condition that I shall behave well in a certain period and report to a designated "probation officer" once for a while. The problem was that I travelled to other country for a while and failed to report to the officer. Then my roommate told me the officer was looking for me and told him if I don't report to him on time, he will file a appeal to the court and issue a warrant on me. So I turned to my lawyer for help again.
zddoodah
Moderator
That's an excellent question to ask your lawyer who is (presumably) completely familiar with your case and admitted to practice in the state where the charges are pending. It's a terrible question to ask anonymous strangers on the internet, none of whom are (AFAIK) admitted to practice law in Massachusetts or know anything about your case.
What? This is a criminal law board, and we don't know the procedural context of the OP's question. The only way the OP's opponent would have the right to question him/her about his/her testimony would be if he/she were actually present to give testimony.
That's not an acquittal.
Good call.
Seems like Rico_2013 received a deferral which he then chose to screw up.
Red Kayak
Well-Known Member
That's not what happens with an acquittal. Perhaps the initial charge(s) were dropped or reduced to a lesser charge.
It sounds like probation. Or a suspended sentence. "Behave well" is defined by the court, not you. There are explicit rules, and you have to follow the rules. You not only failed to report to your probation officer, you LEFT THE COUNTRY. The terms of your probation usually restrict you to a certain area (a particular county, for example), and leaving that area without your probation officer's permission is a VIOLATION of the terms of your probation.
Given that there is a warrant out for your arrest, this is serious, you should be present, and you should request an interpreter if English is not your native language (at least, I'm hoping that's the source of the communication problem).
Yes, by all means, contact your lawyer. Not only have you violated the terms of your probation, by leaving the country you have shown yourself to be a "flight risk". The longer you fail to address this, the more charges they'll add and jail time.
Red Kayak
Well-Known Member
Tax Counsel
Moderator
What you described is not an acquittal. If the jury had returned a not guilty verdict you'd have been free to go without any post trial conditions like reporting to a probation officer. Instead, it sounds like you were convicted but if you comply with the provisions of the probation you'll have the chance to have the conviction sealed or expunged. When you don't meet the terms of probation, the probation officer informs the prosecutor who then petitions the court to revoke the probation and have you serve out the sentence that was imposed but suspended in the sentencing order. It is not an appeal.
EeeeekitsaMouse
Member
In whose opinion is this case not so serious? Your opinion? The court's opinion? I think you are not taking this matter seriously and that's going to come back and bite you in the butt.
army judge
Moderator
Oh my, what might have been......
