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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a ticket a red light and my attorney told me to go to

Customer Question

I have a ticket for crossing a red light and my attorney told me to go to court and ask for a future arraignment. I went to the traffic department window and did what he asked but the clerk said that i 'might' show as failure to appear. Is that true or is she trying to scare me? Also, do I have to be at the arraignment or is it just my attorney who has to go?
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your attorney can appear on your behalf at the arraignment. Any continuance of arraignment is at the discretion of the court, so your attorney (if they needed a continuance for a future arraignment) should have asked for one. Also, an arraignment is where you go in and plead not guilty and you can still do that without an attorney and enter your not guilty plea and then ask for a date because you want to get your attorney to represent you and the court will set the matter for trial, so that is your other option in case the court does not approve the continuance of the arraignment to avoid them claiming it was a failure to appear.

Customer: replied 4 months ago.
Thank you for your answer. My only worry though is that of the failure to appear issue which really got to me. So what you're saying is that even if they do put me as failure to appear, my attorney should still be able to take care of the issue with trial? I'm asking that because he told me that my license will be susbended if it's 'failure to appear'
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Your attorney "should" be able to resolve the citation, but you need to double check with the court about whether or not the court agrees to a continuance and if they do not, it does not hurt you to appear and just plead not guilty at arraignment and have it set for trial for your attorney to represent you. I would tell your attorney to contact the court and make sure the continuance is approved, because if it is not they could suspend your license for not appearing at arraignment without an approved continued arraignment.