Can a Lawyer Appear in Court on My Behalf in New Orleans?

If you have been charged with a misdemeanor or a felony in the New Orleans metropolitan area, your first question might be, “Can a lawyer appear in court on my behalf?”

There are many reasons that you may wish for a lawyer to appear in court in your place. Perhaps you live out of state, or you can’t get time off from work, or you can’t find childcare during the time you are expected to be in court.

Here's what criminal defense lawyer New OrleansLance J. Robinson has to say: Luckily, there are many instances in which the law permits an attorney to appear in court on a client’s behalf. Let’s take a look at the rights you are entitled to by law when it comes to having a lawyer appear for you in court.

Hear it from Lance in the video below or keep reading for more information.

According to Article 833 of the Louisiana State Constitution, “The court may permit a defendant charged with a misdemeanor to be arraigned, enter his plea of guilty, or be tried, in his absence.” Furthermore, the law states, “A plea of not guilty of a misdemeanor may always be entered through counsel and in the absence of the defendant.”

In other words, if you have been charged with a misdemeanor and plan to plead not guilty, your attorney may enter that plea without you present in the courtroom.

If you are entering a guilty plea, you may or may not be permitted to have an attorney appear on your behalf. This decision will be made at the discretion of the court.

In court, there are several instances that do not require your presence in Louisiana.

According to Article 834 of the Louisiana State Constitution, in the event of a criminal prosecution:

The defendant has a right to be present, but his presence is not essential to the validity of any of the following proceedings in a criminal prosecution:

(1) The making, hearing of, or ruling on a preliminary motion or application addressed to the court;

(2) The making, hearing of, or ruling on a motion or application addressed to the court during the trial when the jury is not present; except as provided in Clause (4) of Article 831; and

(3) The making, hearing of, or ruling on a motion or application made after a conviction.

You can either negotiate a favorable deal or go to trial. In order to reach the best outcome and avoid inconvenience for you, we most often work out a deal and avoid trial.

If you go to trial, you receive the court’s ruling at the end of the trial, which tells you whether you have been found innocent or guilty. If you are found guilty, you will also receive your sentencing, or punishment. During sentencing, Louisiana law may or may not require you to be present in court.

Article 835 of the Louisiana State Constitution states that in felony cases, the defendant must always appear in court to receive their sentence. In misdemeanor cases, the defendant is required to be present at the pronouncement of their sentence unless otherwise excused by the court.

The requirement to appear in court for sentencing mostly depends on the nature of your charges, the discretion of the judge assigned to your case, and the legal actions you take beforehand. With the help of an attorney, you can take the proper steps so your attorney may be allowed to appear in court on your behalf during sentencing.

When you hire Lance J. Robinson to defend your interests in court without your presence at the initial court date, he can obtain a copy of the police report to better evaluate your case. He can also review that report to look for any deficiencies that could help your case.

Based on the facts in the police report, Lance can negotiate with the prosecutor to possibly get your case dismissed or reduced. Your presence is not required. Of course, any offer tendered by the prosecutor will be communicated to you and, based on Lance’s advice, you will ultimately make the final decision.

Our goal is to avoid going to trial, and most of the time, that goal is achieved. However, if the prosecutor is offering an unreasonable deal, we will prepare for trial.

Typically, the prosecutor will negotiate a better deal on the day of trial. The majority of the time, your presence is not required, except in the rare instances when the case does actually go to trial.

When Lance represents your interests in court, he can file a motion, affidavit, or order to waive your presence at an arraignment and other stages of the legal proceedings of your case. These forms confirm that you have waived your presence and wish for legal counsel to appear on your behalf.

In some cases, Lance may file a Motion and Order to Enroll as Counsel of Record in order to waive your formal arraignment. This legal form keeps you and your lawyer from needing to appear at the first court date. Instead, Lance will be served with a subpoena for the trial date.

If you have been charged with a felony or misdemeanor in Jefferson Parish, Lance may file a motion to waive your presence at an arraignment and appear through counsel. This affidavit allows you to skip your first appearance for both felonies and misdemeanors.

Finally, if you have been charged with a DUI or DWI and decide to plead guilty, Lance may file a Plea in Absentia on your behalf in order to waive your appearance in court. Certain courts in both Jefferson Parish and New Orleans allow an attorney to plead guilty on the defendant’s behalf if the defendant lives out of state.

A DWI is an enhanceable offense, meaning that subsequent offenses will incur harsher penalties. As a result, some judges want defendants to be present for their proceedings, so the judge can explain this to them. If the proper paperwork is completed, however, a judge will usually excuse you from appearing in court.

Whether you want to fight your charges or take a plea deal, Lance J. Robinson will take every step to appear in court on your behalf and provide you with the best outcome for your case.

The thought has probably crossed your mind to skip hiring a lawyer and try to handle the charges yourself, especially for lesser offenses. Unfortunately, it is much more difficult to navigate the legal system than you might imagine, and you may end up with a worse outcome for your case without the assistance of a lawyer.

When improperly handled, even misdemeanor charges can spell big trouble. But don’t just take our word for it. According to Court Watch NOLA , many defendants are pleading guilty to misdemeanor charges in Orleans Parish without understanding the full consequences.

"Guilty pleas result in criminal records, and criminal records can result in a defendant losing the ability to live in public housing in New Orleans, the ability to use food stamps, the ability to live legally in the United States depending on their immigration status and to receive federal aid money for higher education," Court Watch NOLA reports.

A criminal record can also result in harsher punishments for future charges. It’s never worth risking your future to handle charges yourself.

By hiring an experienced attorney, you stand a much better chance of getting an outcome that works best for you. The right lawyer can also help you get your criminal record expunged , so you can avoid the consequences of having an arrest or conviction on your record.

Lance J. Robinson has defended over 2,400 local and out-of-town clients in Municipal, Criminal, and Traffic Courts in New Orleans, Jefferson Parish, and the surrounding parishes.

As a client of Lance J. Robinson, you can rest assured that your case will be handled expertly, aggressively, and professionally. To learn more about retaining Lance as your legal counsel and having Lance appear on your behalf in court, contact us today for a free consultation.