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Zoey, JD
Zoey, JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23591
Experience:  18+ years of NYS litigation experience.
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My husband has a court appearance tomorrow, he went into a

Customer Question

Hi. my husband has a court appearance tomorrow, he went into a va facility 2 days ago. he found out today they they are unable to take him tomorrow. will the clerk reschedule if i call tomorrow morning? this is in san fernando california court. it is a criminal offense. any other info required? thanks
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
Hi sorry. obviously i need answer faster than originally indicated. and he went into the facility yesterday. Losing track of my days.
Expert:  Zoey, JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

Yes. Call the court, explain the circumstances and see if the clerk will allow you to reschedule the case based on when he is going to be released. If he has a lawyer, tell his lawyer, as he can appear in your husband's place and inform the court of why he is not there. The court will accept the lawyer's word as an officer of the court.

If your husband does not have a lawyer and you cannot change the date with the clerk, a warrant is going to issue for his arrest. However, if he returns to court as soon as he's released with proof from the VA facility that he was there and that he returned to address his court date as soon as he was first able to do so, the judge will lift the warrant and in my experience he will face no penalty. He is not voluntarily absenting himself from court. He has no control over his present situation and the court will recognize that.