How long do I have to wait for a court date for a DUI? 18 Answers as of August 04, 2011

I was arrested for DUI, hit and run someone's car on the street parking/no injuries / in 04/2011. I'm still waiting for a court date, but there is no summons. I need go to overseas to attend School soon. I heard a court will be within 1 year. Can a lawyer represent me at Court for my DUI charge, while I study abroad? What do I do for this situation? Otherwise I will miss my school for 1 year while waiting for my court date.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The statute of limitations for filing the charge is one year although you certainly will hear before then. If you concerned about being out of the area, I would hire an attorney who can appear for you at the arraignment.
Answer Applies to: California
Replied: 8/4/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
If the charges are filed as misdemeanors, which they likely will since there were no injuries, then a privately retained attorney would be able to represent you on your behalf, without your presence. There is an exception if the Judge specifically orders you to appear at a court date, but I think that would be unlikely.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Sometimes it takes a while for the D.A. to file when there was a hit and run or when there was a blood draw. It is quite common for an Attorney to make that appearance or even all of them.
Answer Applies to: California
Replied: 8/3/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
Yes, you can be represented by an attorney on misdemeanors and you do not need to be present. You should speak with a criminal defense attorney right away. The DA can file up to one year from when the arrest happened. They will mail you an appearance letter once your case has been filed if the DA can't file your case by the appearance date on the citation. You need to make sure an attorney is checking to see if the case is filed if you are not going to be living at the mailing address the court has on file.
Answer Applies to: California
Replied: 8/3/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes as long as it is a misdemeanor (which this appears to be) you can hire an attorney to make all the court appearances for you. The DA has up to one year to file charges and many times it can take them six to even ten months to file. I would hire an attorney to deal with the DUI.
    Answer Applies to: California
    Replied: 8/3/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Yes, in a misdemeanor case (like a DUI or hit and run) you retain a lawyer to make your court appearance(s) for you.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    As long as this is a misdemeanor, which it sounds like, a lawyer can represent you in court up to trial without you being there. But, if it goes to trial, I am sure the court and the lawyer would want you there to have any chance.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Since it is a misdemeanor, an attorney can appear on your behalf without you. A case can even be resolved by paper without your presence.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Yes a lawyer can represent you while you are abroad. You will have to complete sentence terms when you return. Call me with any questions.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    First, the good news - assuming these are misdemeanor charges, an attorney can appear on your behalf in court. Now the other news - they have up to a year to file a misdemeanor, so your court date may not be for a while. I'd suggest contacting a local criminal defense attorney to discuss the situation and timing of things & to make arrangements for representation while you're gone so a warrant doesn't get issued. If a warrant does go out, you'll have a tough time coming back in through customs when you come back to the states.
    Answer Applies to: California
    Replied: 8/2/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    An attorney can appear for you through Penal Code section 977.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes an attorney can represent you without you being there.
    Answer Applies to: California
    Replied: 8/2/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Normally, the paperwork you are given when released from jail shows the charges against you, and when you are to appear in court. Your text implies that you were somehow released from arrest and jail without being given notice of a court date. That would be quite unusual. I would be surprised if no charges have been filed. I suggest strongly that you have an attorney contact the court in that jurisdiction and check your record to see if there was a date set that you missed. If so, there will already be a warrant for your arrest. If no charges have yet been filed in court, meaning no court date set on your case, the prosecutor has up to a year to file charges, so you could be in limbo until then.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    When you were released on bail or own recognizance, the jail or your bondsman should have given you a court date. The DA in most counties will file the case by that court date. If you missed the court date or were never given a court date upon your release from jail, you should check with the court clerk to see if anything has been filed, and if there is a warrant for your arrest. If you appeared in court on your date, but the DA had not yet filed anything, you are correct. the DA has up to one year on a misdemeanor. Generally the filing is something that can be done very quickly. If they have "forgotten" about your case, you certainly do not want to contact an attorney or paralegal with anything but basic clerical responsibilities in the DA's office to "remind" them. An attorney can appear for you in court on a misdemeanor. You would likely hire an attorney to check the clerk's office from time to time to see if a case is filed. If and when a case is filed, an attorney can enter a plea of not guilty on your behalf, obtain the police report, and you can decide together if you want the attorney to plead guilty, attempt a plea bargainer set your case for trial. If the DA waits too long without good cause, and your case becomes less defensible, you may have a motion to dismiss for violation of due process. The DMV process is another matter, however since your license was likely taken at the time of your arrest for 4 months and is not normally restored unless there is either a hearing that you win, or proof of a court-ordered first offender program.
    Answer Applies to: California
    Replied: 8/2/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    The one year deadline is a filing deadline for the DISTRICT ATTORNEY. But that only applies in misdemeanor cases. If you have a hit and run, then I fear there may be a potential for felony DUI. if that is the case, your looking at a 3 yr filing deadline. If you weren't given a citation when you were arrested (if arrested) you should keep an eye on your mail. If you were never arrested, then you would need to be served with notice prior to any court hearing. And yes, a lawyer can represent you in court.
    Answer Applies to: California
    Replied: 8/2/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    . We will just need to have a way to get a hold of you to send you discovery and to work with you on the case from overseas.
    Answer Applies to: California
    Replied: 8/2/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    Need to know what county you were arrested in. You should contact a DUI Lawyer who works in that county and do a consultation to determine what happens if you are not in town when and if your case is filed. You are welcome to give me a call and if I can't help you I can probably get you the name of someone who can closer to your courthouse.
    Answer Applies to: California
    Replied: 8/2/2011
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