Do I Have to Appear in Court or Can My Attorney Appear for Me?

There are many reasons why you might ask for a lawyer to appear in court on your behalf. If you live out of state, can't get time off work, or need to take care of children, it may be challenging to come to New Orleans for a court hearing.

Many people travel to New Orleans year-round. The famous Jazz Fest and the Mardi Gras festivities draw people from all over the U.S. that later return to their home state. If you were charged with a misdemeanor or a felony during your stay in New Orleans, you'll have to return for a court hearing.

Many out-of-state clients want to know if we can appear in court on their behalf. It depends on the case, but there are instances when a lawyer may represent you in court without your presence. For example, for clients with public intoxication charges , which are a misdemeanor in Louisiana, we can represent you.

At the Law Office of Lance J. Robinson, we can provide you with excellent legal defense, so you don’t have to return to New Orleans for a court hearing.

When people come to New Orleans on vacation for famous music festivals or festivities such as Mardi Gras, they often underestimate the local laws. Even if the city has a festive and relaxed atmosphere, you can still get in trouble for various reasons.

Avoid overdrinking in the French Quarter and be mindful of the open-container rules. The French Quarter in New Orleans is famous for its open-container rules. You can legally carry alcohol in plastic or styrofoam cups; however, you could be arrested for public intoxication if you drink too much.

The New Orleans Municipal Code doesn’t require police officers to give you a breathalyzer test. They can arrest you for unruly or uncivilized behavior regardless of the alcohol in your blood.

Depending on the charge, our law office can file a Motion and Order to Enroll as Counsel of Record before a formal court hearing which waives the need for you to appear at the formal arraignment.

According to Louisiana law, you don't have to appear on your first court date for a misdemeanor charge. A notarized affidavit allows your legal counsel to appear at the first court date on your behalf. On this first court date, your attorney talks to the DA looks at the facts of the case and tries to get the case dismissed if possible.

If a case dismissal is not possible, the next step is to enter a not-guilty plea and set another court date. According to Article 833of the Louisiana State Constitution, your attorney may always enter a plea of not guilty without you present in the courtroom. You won't have to appear on the next court date either. If witnesses don't come to court on the second date, the case is usually dismissed.

For felony charges, we can sometimes appear on your behalf until it’s determined if and when your case is accepted. By filing an affidavit or order to waive your presence, we can sometimes absolve you from being present at your first court date. This motion allows you to waive your presence and instead appear through your legal counsel, skipping your first court date.

If a plea agreement cannot be reached and your case proceeds to trial, you will need to be physically present. We take every measure possible to avoid cases going to trial and will appear on your behalf wherever it’s permissible.

The law office of Lance J. Robinson has 0ver 25 years of experience in New Orleans and works with many out-of-state clients for a successful outcome. We understand the inconvenience of returning to New Orleans to appear in court so contact us today for a free consultation at (504) 465-0101.