A common question we hear in our office is, “Do I need to show up for my court appearance?” People have family and work obligations, so it’s not always easy to make time in your busy schedule for a court appearance. It’s not something we can answer with a simple yes or no question, but we’ll try to explain the answer throughout today’s blog.
Court Appearances in Minnesota
Oftentimes you’ll be told whether or not your appearance in court is mandatory at some point in the process, but that’s not always the case. Obviously if you’re going to challenge the charges on your own, you’ll need to be present at court, but you can also hire an attorney to appear on your behalf. Just because you have a lawyer doesn’t mean you can skip the appearances at will, but it gives you a little more leeway. Your attorney will be able to explain if your presence is needed, but here is the general rule when it comes to court appearances. The lesser the charge, the more likely it is that you’ll be able to skip the court appearance.
Again, you should always confirm with your attorney, but this is how appearances are viewed based on your criminal charge in Minnesota:
Misdemeanor – In almost all misdemeanor cases, you can avoid going to your first ordered appearance as long as you sign a waiver allowing your attorney to show up on your behalf. Minnesota law requires the court to excuse your no-show at the first appearance so long as you signed the document saying your attorney is appearing on your behalf. Here is how the law reads.
“In misdemeanor cases, if the defendant consents either in writing or on the record, the court must excuse the defendant from appearing for arraignment or plea, and the court may excuse the defendant from appearing at trial or sentencing.” Minn. R. Crim. P. 26.03, subdiv. 1(3).
As the statute reads, the court can also grant you permission to skip other appearances, but nothing should be assumed. You’ll want to ask your attorney if your presence is needed at future dates.
Gross Misdemeanor – Again, if you submit a waiver saying your attorney will represent you at court, you may be able to skip certain appearances if granted by the court. The law reads “In gross misdemeanor cases, the court may, on the defendant’s motion, excuse the defendant’s presence except at trial.” Minn. R. Crim. P. 26.03, subdiv. 1(3). That being said, you usually have to show up for the initial hearing to identify yourself as the person being charged.
Felonies – Similar to the above scenario, you may be able to skip some court appearances if you have been charged with a felony so long as your non-appearance is allowed by the court. “In felony cases, the court may, on the defendant’s motion, excuse the defendant’s presence except at arraignment, plea, trial, and sentencing.” Minn. R. Crim. P. 26.03, subdiv. 1(3).
Should You Skip Court?
So while it’s possible to avoid going to court for some appearances and some charges, it’s not always the best decision. Even if you are allowed to skip the court appearance, we believe it’s in your best interest to show up to court unless we advise otherwise. When it comes to gross misdemeanor and felony cases, you are facing some stiff penalties, so you want to show the court that you are taking this process seriously. Not only will your presence put you in a good light with the court, you’ll also be able to talk with your attorney in real time to discuss strategies, bounce ideas off one another or discuss the possibility of accepting a lesser plea deal. If you want to have the best chance of beating the charge, consider attending your court appearances unless assured by your lawyer that your presence isn’t needed.
