Do I need to appear in person in court for my DUI trial?

I just started a new job and do not want to take days off to attend court. If I get an attorney, could they show up for me? I was pulled over for speeding at 10:00PM. I blew a .09. I hadn't had a drink in over an hour and was heading back from a restaurant with my wife.
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Answered By: Jacob P. Sartz IV., Attorney at Law
I'd recommend you retain a lawyer and plead not guilty. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. You have a right to council. OUI's carry significant license sanctions that go beyond just jail time and probation. Never plead guilty to anything unless you fully understand all the risks. Speaking generally, a defendant's presence is required for most court-appearances. Occasionally, at the court's discretion, there may be appearances that could be conducted by phone. Occasionally, at the court's discretion and for "good cause" appearances may be adjourned or waived. However, generally, defendants are expected to appear at scheduled court appearances. If a defendant fails to appear, the court may issue a bench warrant for their arrest and revoke their bond. Most attorneys provide free initial consultations. It is certainly worth a few phone calls. I would advise you to retain a lawyer or request that the court appoint you a lawyer at the public's expense.

Answer Applies to: Michigan
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Kevin O'Grady
One of the advantages of having an attorney is that you may not be required to show up for every court date. Your attorney should fight for you and should inform you when you must be in court. I have had some clients who have actually never had to go to court. Hire an attorney that will fight all the time for you.

Answer Applies to: Hawaii
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Seth D. Schraier
You are required to be present for your court appearance in criminal court. If you do not appear, a bench warrant can be ordered for you to appear. Additionally, if your attorney is able to reach a plea agreement with the prosecution, you will have to be present to enter your plea. In other words, the consequences in all regards for not appearing in court for your criminal trial greatly outweigh any benefit you would receive from going to work.

Answer Applies to: New York
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reeves Law Firm, P.C.
If you do not show, you will be arrested for failure to appear. Can a lawyer do this without you, not really, not unless you just simply plan to loose.

Answer Applies to: Texas
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Cynthia Henley, Lawyer
You must go to court. You might be able to get 1 or 2 resets where your appearance is waived but you will have to appear.

Answer Applies to: Texas
Replied: 10/29/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of M. Elizabeth Foley
If you don't show up at all, the trial cannot legally take place and the court will issue a warrant for your arrest (and if there's a jury panel waiting, they may well actually go out and get you and drag you back right then). The only type of trial you would have the legal option not to appear for would be a civil trial, and I wouldn't even recommend that. Think how it would look to a judge and jury for you not to care enough to even be there. If it's really that big a deal to you not to have to take that much time off of work, explain that to your attorney, and maybe they can work out a plea agreement (you'd be in and out of court much quicker on a plea than a trial). I can understand not wanting to tell a new employer the reason why you need to take off work, but this is pretty serious stuff, to the point you could actually get a jail sentence out of it you're going to have to prioritize here.

Answer Applies to: Texas
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mark Thiessen, Attorney at Law
It depends on the court and the county. But the absolute worst thing you can do is miss a court date. You will have a warrant for your arrest and another case. Hire a skilled DWI trial attorney asap.

Answer Applies to: Texas
Replied: 10/27/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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