Due to very unfortunate circumstances, I received a DUI. I was advised by my attorney that showing up would not be a good idea. I would not need to because the judge may just end up reprimanding me and there really is no point in me going. This was my first offense (low #'s) and I would like to be involved with this as much as possible. My attorney went to the first hearing as well as the DMV hearing and now from what I understand it is the hearing to decide my fines and such for the "criminal" portion. Should I take her advice and not attend the hearing? Is it possible my consequences could increase/decrease by showing up? Thanks to all in advance.
In every DUI case I've had in Missouri, the defendant has had to be there. If you are going to dispose of the case, you will have to sign a plea form and enter a guilty plea to the original or amended charge.
I can't believe that any attorney would tell you not to appear in court. If you don't appear, a warrant will issue and you could be subject to arrest. There is rarely a sufficient reason to miss court.
Is this in Michigan? If so, I have never in 30 years of criminal defense practice heard of a defendant in a misdemeanor case not being required to appear in court for their plea or sentence. If this is so , you must live or face charges in another state.
Being present will likely not help, but you certainly have the right to be present if you wish. For most people it is an inconvenience, so they choose to allow their attorney to appear for them.
That advice sounds rather unusual. Since you are looking at jail time, You need to be present at the hearing. Why your attorney would tell you otherwise, I have no idea. My clients appear at ALL criminal hearings. As a sitting judge, I also demand that the defendants appear. If they do not, I issue a warrant.
I think you should follow the advice of your attorney if you hired a skilled and respected DUI attorney, they know the court and the prosecutor and made a strategic decision to suggest that you don't appear. That being said, you have a right to be present at any hearing (yours included) that is open to the public.
Generally you are required to attend each and every hearing! If you don't they put out a warrant for your arrest. I have serious concerns about how this is being handled but I don't know all the circumstances so.
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