lawyer can appear in court on your behalf for a DUI case
For a first or even a second misdemeanor DUI offense, many courts allow attorneys to appear without the defendant, especially for preliminary hearings. This is often the case if the defendant has no prior offenses or if the case is relatively straightforward.
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Felony DUI: If the DUI charges are elevated to a felony—due to factors like multiple prior offenses, injuries to another person, or other aggravating circumstances—the court typically requires the defendant to be present for more proceedings, especially at key stages like arraignment and sentencing.
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Preliminary Hearings vs. Trial: While your lawyer might attend initial hearings, arraignments, or status conferences without you, your presence is usually required if the case goes to trial or if there’s a sentencing hearing.
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Jurisdictional Variations: Some states have specific rules or judges who prefer defendants to appear, so your attorney would be best positioned to advise on this.
If you're writing an article about this topic, you could include the following key points
- The types of DUI charges and their implications for court appearances.
- When a lawyer can legally appear without the defendant.
- State-by-state differences and notable examples.
- How hiring an attorney can impact court procedures.
- The importance of knowing one’s rights and obligations.
Let me know if you need a deeper dive into any of these sections!
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