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LegalKnowledge
LegalKnowledge, Attorney
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Hello, My 16 year old son is ordered to appear in Pasadena

Resolved Question:

Hello,

My 16 year old son is ordered to appear in Pasadena court on August 7th, on charges of criminal vandalism (allegedly, he broke the window of a car). The problem is that I am working in Mexico and cannot appear in court with him. Further, we had a planned family vacation that coincides with that date--and the vacation cannot be postponed.

I would like to ask for a continuance, but am not sure if this can be done or *how* it can be done if I cannot come to the courthouse to file the necessary paperwork.

What do I do?
Paul
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Is there anyone who can accompany him to court that day?
Customer: replied 1 year ago.

Again, we are are planning on being out of town on that day and would prefer a continuance over canceling the vacation.


 


However, it is possible that my wife (his step-mother) could attend with him.


 


Ideally, they would be attending 6-8 weeks later (after our vacation)...


 


Is there some kind of power-of-attorney that I would need to provide in order for her to make an appearance with him?


 


Paul

Expert:  LegalKnowledge replied 1 year ago.
I do understand the situation with you being out of town but the court case takes precedence over any vacation. In a situation like this, a motion would need to be filed with the court, advising the Judge why your son is unable to appear. It would then be at the discretion of the Judge to grant the continuance and reset the court date. Another option would be to retain legal counsel to represent him. He has every legal right to fight the charge against him and if there is no basis for it, he may want to proceed to trial. If he does, it is best to be represented by a criminal defense attorney. The courts concern is his appearance and unless it was specifically ordered that you be present, any parent or guardian should be allowed to accompany him.
Customer: replied 1 year ago.

Although we have children together, my wife is not a parent or guardian for this particular child.


 


Filing a motion...is there any restrictions in the state of California on when that motion can be filed? Can it be filed via fax or mail? What is the form of the motion?

Expert:  LegalKnowledge replied 1 year ago.
The motion needs to be filed as soon as possible, to allow the Judge time to review it and rule on the matter. You need to call the clerk of court in the morning and see if they will allow it to be filed via mail, or else it may need to be filed in person. The form is a motion for a continuance.
Customer: replied 1 year ago.

WIll do...thanks for your help!

Expert:  LegalKnowledge replied 1 year ago.
Paul, you are welcome. If you have not already, please remember to rate my help with 3,4 or 5 faces, so I can get credit for my answer.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15911
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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