Wednesday, 15 October 2014

Does the defendant in class 1 Bond Forfeiture (failure to appear) hearing have to appear in court, or will representation by legal counsel s...

Question

Does the defendant in class 1 Bond Forfeiture (failure to appear) hearing have to appear in court, or will representation by legal counsel suffice? We are talking a Justice Court level in AZ.

If Defendant must appear, what are the chances of getting a continuance? Thank you.



Answer

The answer to your question depends, as always, on the particular circumstances of the case (example: which court, who the judge is, nature of the charges, prior violations, the explanation for the alleged violation etc.). Usually I, as the attorney, would contact the court in advance to learn that court's practice and the options. But again it depends on all of the circumstances as listed above; though it is possible, generally, for the attorney to appear on the defendant's behalf.



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