QUESTION
Will a DPA allow a family member to stand in for someone at a hearing?
Asked on Aug 05th, 2012 on Criminal Law - Michigan
24 ANSWERS
Steven D. Dunnings
Depends on the power granted the DPA in the document.
Answered on Jun 28th, 2013 at 9:48 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No, only a lawyer can appear for a client and if it is a felony only after a plea is entered.
Answered on May 29th, 2013 at 12:34 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No. A court requires the actual person to appear.
Answered on May 29th, 2013 at 12:33 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 12:32 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No.
Answered on May 29th, 2013 at 12:28 AM
In Nevada, like most jurisdictions, only an attorney can 'stand in" for an accused and then only in circumstances in which a judge approves an appearance 'in abstentia'. Medical evidence should be provided to an attorney who may be able to make special arrangements for a person with verified disabilities.
Answered on Aug 14th, 2012 at 5:53 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No either the person is competent to go forward or she is not. She must attend.
Answered on Aug 14th, 2012 at 5:52 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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Quest No. The Criminal Procedure Rules are quite clear. The Defendant must be present at every stage of the proceedings. If not the court may issue a bench warrant.
Answered on Aug 14th, 2012 at 5:52 PM
3 Awards
What's a DPA? If she doesn't show you run the risk of getting a warrant issued for failure to appear. But you can try with very well documented medical records. I wouldn't risk it though.
Answered on Aug 14th, 2012 at 5:52 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No one gets to stand in for anyone, ever. Witness testimony is personal. Talk to whoever subpoenaed the witness.
Answered on Aug 14th, 2012 at 5:52 PM
Dennis P. Mikko
No, a person required to appear in court must appear in person unless there is a court order to the contrary.
Answered on Aug 14th, 2012 at 5:51 PM
Criminal Defense Attorney serving Everett, WA
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Michael E. Jones Attorney at Law
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Not usually. However, even if the DPA were to agree, I would not be surprised to see the judge issue a bench warrant for the defendant's arrest
Answered on Aug 14th, 2012 at 5:51 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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What is a DPA. To accomplish anything like this you'd better have some heavy duty notarized statements by the docs treating her.
Answered on Aug 14th, 2012 at 5:51 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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No. If your wife is subpoenaed to court, or is a party to a lawsuit, she must appear or face contempt charges and possible dismissal of the case or a judgment against her if she is a party. However, you should contact the court and address the complicating medical issues your wife has so the court may accommodate her.
Answered on Aug 14th, 2012 at 5:51 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If your wife is the defendant, she must appear for the court hearings, unless the judge decides otherwise (not likely). You make no mention as to what the charges are. That will have a lot of bearing on the issue, but generally speaking, the answer is "no".
Answered on Aug 14th, 2012 at 5:14 PM
A person charged with a misdemeanor may have the attorney appear for them without showing up under Penal Code Section 997.
Answered on Aug 14th, 2012 at 5:13 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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That is not the DPA's call. If this is a criminal case, then it is very rare to not require the actual defendant's presence in court.
Answered on Aug 14th, 2012 at 5:07 PM
1 Award
Her lawyer can explain her situation, with the proper documentation, and request the court excuse her absence, but family members are not usually allowed to stand in.
Answered on Aug 14th, 2012 at 5:06 PM
Bankruptcy Attorney serving Grand Rapids, MI
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Hunter Law Offices, PLLC
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Unfortunately, in Michigan, the courts do not allow an agent under a DPA appear in court proceeds on behalf of the principal (your wife). If you wife is unable to appear in court, you would need to use your DPA to hire an attorney to represent her. You are unable to do so with the DPA.
Answered on Aug 14th, 2012 at 4:49 PM
2 Awards
A DPA, depending on its terms, may allow you to stand in, but not represent the person for whom you are exercising the DPA. You will still need a lawyer.
Answered on Aug 14th, 2012 at 4:38 PM
Unlikely. A witness is usually subpoenaed for a very particular reason. Anyone else would be testifying to hearsay.
Answered on Aug 14th, 2012 at 4:28 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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I'm not certain what you are referring to when you say a "DPA." If your wife is a defendant, under ordinary circumstances her personal appearance is what is required. No one else can substitute for her. She has a constitutional right to waive her appearance at certain proceedings, but otherwise risks issuance of a bench warrant by not appearing.
Answered on Aug 14th, 2012 at 4:17 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Not if the person is under subpoena.
Answered on Aug 10th, 2012 at 1:52 PM