Do I Have To Go To Court?

This is easily one of the most frequently asked questions of criminal defense lawyers. And the direct answer is it depends. It all comes down to where you got your ticket and what kind of charge you have…and sometimes, whether you have an attorney.

We know that coming to court is a pain. Taking time off of work, arranging child care or even bringing your kids to court, missing school, all of this is difficult. However, the law generally requires you to be in court. At times, there are simple moving violations or ordinance violations where there is no possibility of jail (petty offenses), like speeding or seat belt violations, that you can resolve by paying before your court date. The range of tickets where this is possible is very limited. However, if you fail to pay in advance for these tickets, missing court can mean a conviction in your absence.

If you have been charged with a misdemeanor or felony, then missing court will mean the issuance of an arrest warrant to make you come to court. In general, if you have a misdemeanor or a felony, you must appear in court. If you must miss court , having an attorney can often aid in receiving a continuance in case of an emergency or waiving your appearance in advance if you can anticipate conflicts.

Excuses that will generally not work in court as to why you missed it: work, overslept, no ride, no babysitter, were not aware of the court date. As unfair as it might sound, YOU and YOU ALONE are responsible for knowing when to be in court and it is on you to make arrangements to be there. Judges have little patience for people who say they didn’t have a ride…you normally have weeks at a time to arrange one. Likewise, work, as real as it is that many people will choose keeping a job over going to court, that is a choice no judge wants to hear.

Generally speaking, an attorney can also often help to accommodate your needs and conflicts by rearranging a pre-set court date. If you have a misdemeanor or felony we can sometimes waive your appearance if there appears to be a long delay in getting certain evidence or if preliminary matters may need to take place where your presence is not necessary. Further, if there are many things that you need to accomplish before the case can be resolved, we can help get longer than average court dates so that you do not have to come to court as often

The safest thing to say about going to court is this: when in doubt, go.

Botto Gilbert Schottland & Andrle is a limited general practice law firm with practices in Workers’ Compensation, Personal Injury, Family Law, Criminal Law, Traffic Law and Juvenile Law. Our attorneys are licensed in the state of Illinois and take cases in various Illinois counties, including but not limited to Boone County, Kane County, McHenry County, Cook County, and Winnebago County, with a particular focus on those cases occurring in the cities of Woodstock, Crystal Lake, McHenry, Harvard, Hebron, Marengo, Island Lake, Prairie Grove, Fox River Grove, Richmond, Johnsburg, Belvidere, Spring Grove, Ringwood, Union, Greenwook, Wonder Lake, Lakewood, Algonquin, Lake in the Hills, Cary, McCullom Lake and Lakemoor.

Demanding Trial

When you hire a criminal defense attorney, you are looking for many things…a guide, an advocate, perhaps an educator. When we come to your defense, we generally provide one of two services: we are your sword or your shield.

If we are your shield, we protect you from the slings and arrows of the prosecution. In that sense, perhaps the evidence against you is overwhelming and a jury or judge is certainly going to find you guilty at trial. In that case, we protect you by trying to negotiate the best deal possible for you. We give you shelter and make sure that whatever happens, you come out the other side with as little harm as can be had.

On the other hand, perhaps you want to fight your case. In that scenario, we are your sword. We are the ones who will probe and attack the state’s case. We will look for chinks in the armor and attack it. Maybe you have an alibi, or witnesses who contradict the state’s case. Maybe the technology used to prepare evidence against you was faulty, or unproven, maybe, just maybe, the state is overreaching and can’t prove what they say you did. In that sense, we are your sword.

One of the weapons at our disposal is the trial demand. When you hire an attorney, sometimes speed is of the essence. When you demand trial, pursuant to the Speedy Trial Act, otherwise known as 725 ILCS 5/103-5, you have certain time frames that the state must put you on trial, or your case will be dismissed (this remedy is contested by some legal scholars in Illinois, but generally, that is the result).

If we are hired and you are in custody, a speedy trial demands requires the state put your trial on in 120 days. If you have bonded out then the trial must take place in 160 days. This demand must be renewed, in writing, each and every time we appear in court.

This sword is important because we are putting the pedal to the medal, so to speak, on your case. We are insisting that you get your day in court, at our demand, not on the lazy pace most prosecutors will carry out a case.

Demanding trial is just one of the many ways that Botto, Gilbert, Schottland and Andrle can be your sword.