If I’m active duty military stationed in another state and have 2 speeding tickets, can my mother appear in court for me without a power of attorney signed?

Or do I have to just plead guilty and it online a pay from here?

Asked on March 3, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In Texas, a non-attorney cannot appear for someone else.  This is considered practicing law without a license.  However, your mom can hire an attorney for you to appear for you and seek any needed continuances based on your military status. 

 

If you do not want to plead guilty and you need a bit more time, make sure that you file a letter with the municipal court that says something like "I hereby enter my general appearance."  This appearance will keep you from getting an second ticket for "failure to appear."  If you do get set for court, call the court coordinator to explain your military status.  Some will work with you, however, be prepared that others are more difficult to work with. 

Thank you for serving our country!


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