The short answer is – it depends. It is a long held joke within the profession that “it depends” is every lawyer’s favorite answer. However, in this instance, “it depends” is also the correct one. This is because not every charge will be treated the same by the court, and not every court exercises the same policies.
If you are interested in finding out if your tickets can be handled in court by an attorney without you, call The Law Offices of Greg Prosmushkin, P.C. We can provide you with our best inference based upon the law and past experience, and, when appropriate, will file appropriate motions in order to request permission to defend your tickets in court without you present.
What Kinds of Tickets May Be Defended in Court without the Client?
As mentioned above, there is a degree of inconsistency among courts over what may and may not be handled without the client, but generally speaking relatively minor traffic matters may be resolved via plea without the client present. Not every traffic violation needs an attorney or even needs to be contested in court. Minor infractions such as a parking ticket more often than not can be best settled if you pay a fine; this resolution is limited to scenarios in which you have authorized your attorney to agree to a plea deal on your behalf. This is called a “plea in abstentia”. While common, there is no guarantee the court will allow such resolution, so be certain to discuss with your attorney before proceeding under the assumption that “plea in abstentia” is an alternative.
For more serious Traffic Violations, this will not be an option. Any more serious crimes will require your presence, whether you plan to plea or litigate.
You might be surprised what a traffic ticket attorney can do for your case, even if this is the first ticket you have ever received. Depending on the offence that was committed, a single ticket can have significant consequences, even warranting insurance companies to raise your rates after a traffic violation.
It is important to recognize that, in most situations, your appearance will be required. However, if you simply want to come to a plea deal regarding a minor traffic infraction, a “plea in abstentia” may be a useful tool. It will allow your attorney to resolve quickly while ensuring that you will not have to lose money by missing work, or use up valuable sick/vacation time. Call The Law Offices of Greg Prosmushkin, P.C. to see if we can help you save both time and money.
This content was written on behalf of Greg Prosmushkin.