This is a common question: Do I have to come to court? In most cases, if you are represented by an attorney, you may waive your court appearance for your traffic ticket. Instead, your attorney appears on your behalf, handles your matter, and you never have to appear.
Not having to miss work or school is a huge reason to hire a traffic lawyer to handle your traffic ticket. Not only may this save you money, more importantly, it saves you time. I’ve included the statute below, which authorizes waiver of appearance.
§ 15A-1011. Pleas in district and superior courts; waiver of appearance.
(a) A defendant may plead not guilty, guilty, or no contest "(nolo contendere)." A plea may be received only from the defendant himself in open court except when:
(b) A defendant may plead no contest only with the consent of the prosecutor and the presiding judge.
(c) Upon entry of a plea of guilty or no contest or after conviction on a plea of not guilty, the defendant may request permission to enter a plea of guilty or no contest as to other crimes with which he is charged in the same or another prosecutorial district as defined in G.S. 7A-60. A defendant may not enter any plea to crimes charged in another prosecutorial district as defined in G.S. 7A-60 unless the district attorney of that district consents in writing to the entry of such plea. The prosecutor or his representative may appear in person or by filing an affidavit as to the nature of the evidence gathered as to these other crimes. Entry of a plea under this subsection constitutes a waiver of venue. A superior court is granted jurisdiction to accept the plea, upon an appropriate indictment or information, even though the case may otherwise be within the exclusive original jurisdiction of the district court. A district court may accept pleas under this section only in cases within the original jurisdiction of the district court and in cases within the concurrent jurisdiction of the district and superior courts pursuant to G.S. 7A-272(c).
(d) A defendant may execute a written waiver of appearance and plead not guilty and designate legal counsel to appear in his behalf in the following circumstances:
(e) In the event the judge shall permit the procedure set forth in the foregoing subsection (d), the State may offer evidence and the defendant may offer evidence, with right of cross-examination of witnesses, and the other procedures, including the right of the prosecutor to dismiss the charges, shall be the same as in any other criminal case, except for the absence of defendant.
If you need legal advice regarding a traffic citation and would like to speak with a traffic lawyer at a law firm in Huntersville NC, please contact Adkins Law for a free traffic consultation. Adkins Law is located in Huntersville and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, and the Lake Norman area.
9/16/2021 05:50:25 pm
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