Q: I live in NC and got an underage alcohol ticket at the 500. How do I avoid my court appearance and clear my record?
I am 20 years old with a clean record and don't want to drive from NC to Indiana to go to court.
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A: Look at the ticket or Notice to Appear. File a written plea of not guilty in the case and you will get a court date. Next, file a motion for a plea in absentia and to appear pro se (without an attorney). You can go online and find a pleading to enter but only after the judge approves your motion to appear without an attorney. Based on the prosecutor's position if the State of Florida is not seeking a jail term of ten days or more you will not have any legal issues which would require the judge to hold a hearing on your competency to effectively represent yourself. A better way to handle this is to retain a local attorney to resolve the charges. If you do nothing there will be a warrant issued for your arrest and in the future if you have any contact with law enforcement you can be detained and extradited as an in-custody defendant to the Florida jurisdiction in which you were criminally charged.
A: You will be ordered to appear in court and must appear for your Initial Hearing or a warrant for your arrest will be issued. However, because this case is a misdemeanor, if you hire a local attorney, he/she should enter on your behalf and waive the initial hearing so you would not have to be present. Depending on the policies of the particular court, the attorney should be able to negotiate the case without you having to return to Indiana.
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