QUESTION

What can be done regarding a delayed arraignment letter?

Asked on Oct 11th, 2015 on DUI/DWI - California
More details to this question:
My son was cited for a DUI last March. The situation involved him taking over driving a pontoon boat at a very slow speed as the original skipper became dangerously intoxicated while anchored away from port. As he was quite upset by this event, he called the courthouse weekly to find out what he needed to do throughout the spring and early summer. After being told repeated that there was no record of his case, he gave up. Just now I opened a letter to him, as he is out of country for the fall, it is from the DA stating that he must report for arraignment on November 12. I feel this delayed process has been entirely inappropriate and as he will be out of country until Christmas at which time he will return to home, a trip for a court appearance is both expensive and unacceptable. He had been told by the officer that he would be able to simply pay a fine which he is willing to do as he accepts responsibility for his actions. I recognize that I could have chosen to not open his mail and instead leave it in the pile of unopened mail for his return which would have resulted in a missed arraignment. I do not understand how the courts can expect an individual to put their lives on hold while the legal process takes its merry time. Thank you for your time!
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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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

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You should hire a DUI lawyer for him. A lawyer can appear for him without him present. Delayed filings happen all the time.
Answered on Oct 20th, 2015 at 5:07 PM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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He can hire an attorney to appear for him. The delay only goes in his favor as a cop with near perfect recall 1-2 years after incident is ridiculous.
Answered on Oct 20th, 2015 at 5:06 PM

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