The fact that more than 6 months has elapsed since the time of the offense and the filing of the criminal case will not help your son. More than likely, he will be charged with a misdemeanor, in which case the D.A.'s office had up to one year in which to file charges. An attorney can represent him in court without him being present pursuant to Penal Code Sec. 977. That being said, I suggest that you hire an attorney to represent your son at the arraignment. It may be possible for the attorney to work out a deal with the D.A. prior to you son's return.
Answered on Oct 21st, 2015 at 3:26 AM