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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23601
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was given a Citizen Misdemeanor Reckless Driving citation

Customer Question

I was given a Citizen Misdemeanor Reckless Driving citation in the state of Idaho.I am from California, how do I file a "notice of appearance" to plead Not Guilty so that I don't have to show up to court?How do I request the evidence against me from the Prosecuting Attorney?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
A notice of appearance simply states who is representing the defendant. It doesn't excuse you from court. If you cannot be there, you would have to hire a lawyer to appear for you. Then the judge has to be willing to excuse your appearances. He may do it for some, in view of the distance, but not for all. If you want to fight this case, you should plan on having to appear in Idaho at least for substantive calls of the calendar, such as hearings and trial, maybe more.
The prosecutor will turn over discovery to your lawyer or to you if the judge grants you the ability to go pro se, during the course of the litigation, but you are not entitled to it at this point. You haven't even been arraigned.
Customer: replied 1 year ago.
Hi Zoey,When I spoke to the Prosecuting Attorney, he let me know that I could fax to the court a "notice of appearance" and that would be the equivalent of me appearing in court to learn my rights and charges against me. He said that after a hearing date is set, I could file a document to request all evidence against me.What am I missing here?
Expert:  Zoey_ JD replied 1 year ago.
I am looking at Idaho's procedural rules for misdemeanors, and rule 6 discusses the notice of appearance. It does not say what the prosecutor told you, and so I'm going to have to stand by my answer. Misdemeanors are must appears, and in my experience, you're not going to be able to handle this case from another state without a lawyer.
https://www.isc.idaho.gov/imcr6
However, as to notices of appearance, Idaho provides downloadable forms, and you can find one here:
http://www.courtselfhelp.idaho.gov/individual-forms-instructions
You would have to modify the template to fit the court, but it asks for your discovery as well.

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