Am I able to appear on my husbands behalf of a case if I have a General Power of Attorney, and he is currently in custody, that is why he is unable to appear himself.
Am I able to appear on my husbands behalf of a case if I have a General Power of Attorney, and he is currently in custody, that is why he is unable to appear himself.
In a criminal case? No, you cannot appear on his behalf. However, you may want to let the court or the District Attorney know why he isn’t showing up in court. There can be additional charges if someone willfully fails to appear in court — but if he’s locked up someplace else, his absence isn’t willful.
If is is a misdemeanor, an attorney can appear for a client.
Depending on where he is incarcerated and for how long. he may be able to assert his speedy trial rights though a demand under Penal Code ยง1381 or other statutes. If he is eligible and files notice with the District Attorney, his case could be dismissed if he is not brought to trial within certain time periods.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It’s impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn’t provide too much specific information about your legal matter on a public forum like Lawguru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
Robert Marshall
Law Office of Robert L, Marshall
P.O. Box 7150
Chico, CA 95927-7150
I agree with Mr. Marshall. My firm is in Orange County and I represent clients in Westminster. Please let me know if I can help.
John Gibson
Gibson Law Group
52 Sentinel
Aliso Viejo, CA 92656
NO, you can’t unless your are licensed as an Attorney in CA. If serious about getting counsel to do so, and if the case is in SoCal, feel free to contact me.
Terry A. Nelson
Nelson & Lawless
18685 Main St., #175
Huntington Beach, CA 92648