When an entry in court computer records for a defendant's next appearance in court carries the bold message "MUST APPEAR", does it have some meaning other than the defendant must appear?
I don't know, but this seems like a no-brainer to me.
If the court computer records shows "MUST APPEAR", that indicates to me that the judge wants the defendant in court on that date. Does anyone else understand it this way?
So, what if the defendant's attorney tell his client, "Oh, you don't have to be there"? Is that true? After 3-4 months of a client's not appearing, is there a risk of irritating the judge? Could the judge issue a warrant for the defendant?
And what if the defendant told the judge that the attorney said s/he didn't have to be there. Would the judge excuse the defendant and give the attorney 4-5 days in the clink to think over his advice. More likely, the client would be sitting behind bars, wondering why the lawyer lied to him/her.
On court date, doesn't the judge wonder where the defendant is? And why the defendant isn't there?
Suppose this goes on month after month. The defendant is never in court. The lawyers just do their little dance around court dates and continuances, and they continue to rack up their fees. What does an attorney charge for a court appearance - $200? $300?
If all he tells the judge is that another continuance is needed, why doesn't the judge finally say, "This is the last one"? And mean it.
So, what does "MUST APPEAR" really mean?
You never know who is interested…
3 months ago
8 comments:
This entire article is all just "what if"s and questions posed to the reader. I actually learned NOTHING from reading it. It was all pure speculation.
Come on, Frank. Read it again.
Suppose "MUST APPEAR" is in your court calendar and you don't appear? Will a judge tell your attorney that you had better be there the next time?
And, if your attorney doesn't tell you that and you don't appear the next time?
Hope the cuffs won't be too tight and cut into the skin on your wrists!
"Must Appear" appears on traffic tickets ONLY and applies to the initial appearance. It simply means that you cannot pay the ticket by mail. This is set by statute, not the judge. Once a person retains counsel the defendant's presence in court, for routine status dates, etc. is waived. He appears by counsel. Bigger question is... The judges are grownup and quite protective of their "turf." If THEY wanted the defendant there, I think they know how to get it done without any assistance from us, Gus.
Once again I ask the question,"how can you know so little about law and still want to be Sheriff?"
Must appear is set by Illinois Supreme Court Rules. This is not something you just write on the ticket to make them uncomfortable. If marked MUST APPEAR, it simply means that you can not mail in a fine. You must appear before the Judge on your plea date.
Not, I'm not referring to "Must Appear" on a traffic ticket or other citation.
When a person's case has been wandering its way slowly through court for 18 months and the words "MUST APPEAR" appear in the computer record of the case that can be viewed at the courthouse, doesn't that mean that the defendant "must appear"?
To me, it's a no-brainer. The defendant has to appear.
So, tell me. Why would a defendant's attorney say month after month that the defendant does not have to appear in court?
And why doesn't the judge ask why the defendant is not present in court and order the appearance on the next court date?
Will the attorney have the guts to tell the judge, "Why, your honor, I didn't think it was important for my client to be here and so I told her not to come today"?
So maybe it's just a "computer error" that MUST APPEAR is entered for all the court dates for the past six months...
My attorney had the "guts" to tell that to the judge - LOL!
Maybe, just maybe, must appear means that you OR YOUR REPRESENTATIVE must appear. Too far fetched?
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