I was arrested for battery in one state but am back at home in another, is there anyway I can change my court date without appearing?

UPDATED: Sep 11, 2011

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I was arrested for battery in one state but am back at home in another, is there anyway I can change my court date without appearing?

Due in court tomorrow.

Asked on September 11, 2011 under Criminal Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The court has the *discretion*, or option, of changing the court date, but is not required to do so--and is unlikely on last-minute notice by a defendant who does not him/herself appear, or at least have his/his attorney appear in his/her place. The exception (the only times a last minute delay is likely) would be if you have a *very* god reason, like your or a close family member's significant health problem, if the court believes you--though it's still up to the court to decide if they want to grant the adjournment. (Note for the future: if you need to change a court date, don't wait until the weekend before to do it--contact the court well in advance.) If the court date is not changed, you could have a warrant out for your arrest for not appearing.

If at all possible, be there for court, even if you have to drive all today --or fly--and stay overnight. If you can't, at least try to contact an attorney near the court, today if possible, first thing tomorrow morning if not, and have the attorney put in an appearance for you and request an adjournment. That is much more likely to succeed.

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