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My son lives in another state but has a...

Resolved • Response time 1 minute

21 Oct 2021

My son lives in another state but has a appear court notice in California? Can he extension or have a virtual court hearing
JA: Has your son talked to a CA lawyer about this?
Customer: no he just found out yesterday that the case was filed last month
JA: What steps has he taken so far?
Customer: we are in the beginning stages only info he got from the court was the actual court date
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thats it
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21 Oct 2021

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Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • We are transitioning to a new system to better serve you, so there may be a slight delay in my responses. Your patience is greatly appreciated.

Is this a criminal or civil case?

21 Oct 2021
Customer reply
21 Oct 2021
Criminal
21 Oct 2021
Customer reply
21 Oct 2021
text is fine
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

Thanks! Is there a reason he can't make it to CA? The court would need to know?

21 Oct 2021
Customer reply
21 Oct 2021
financial reasons
21 Oct 2021
Customer reply
21 Oct 2021
financial hardship
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

Understood! So you're just wondering what he can do here, correct?

21 Oct 2021
Customer reply
21 Oct 2021
yes
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

21 Oct 2021
Customer reply
21 Oct 2021
He wants to be advised if he could get an extension or can it be a virtual court hearing
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

No problem! I’ll certainly address that. Anything else you'd like to add you think is relevant before I answer?

21 Oct 2021
Customer reply
21 Oct 2021
i think that is. My son advised that he never got any notification he found out in background check he was doing recently
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

Great! I just need a little time to do some research and to draft up a high-quality answer. I'll be with you as soon as possible! It won't be terribly long!

21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

I'm so sorry to hear about your situation!

The answer to your question is he just needs a motion to continue pursuant to penal code section 1050.

He could just call the court and ask if he can appear via telephone or zoom. THe local court may have a form for this specifically for him to fill out; however, if he calls and can't get through and get info, then a motion will be critical.

There generally isn't a form for this, but there is a template motion document with instructions I recommend at this link -

https://www.etsy.com/listing/1077716892/template-motion-notice-of-motion?ref=listings_manager_grid That site leads you to where to find the template, and the document has instructions on how to create a motion.

When you have your document(s) ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the document on the other party for a small fee. A process server must be at least 18 years old and not involved in the case in any way. Friends and family can do it, too.

Once the document is filed and served on the opposing party, they will have a chance to oppose the filing if they wish. They must file and serve their opposition, too. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Regardless, you’ll be notified of the magistrate’s decision in writing.

21 Oct 2021
Customer reply
21 Oct 2021
ok thank u
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle
Attorney

Excellent! Did you have any other questions for me today?

21 Oct 2021
Customer reply
21 Oct 2021
no thank you again I will advise my son
21 Oct 2021
Lawyer's response
21 Oct 2021
Legal Eagle
Legal Eagle

You bet! Thank you for trusting JustAnswer with your question. If you have additional concerns or need me to clarify anything, please let me know. I am happy to help. My name is ***** ***** I go by Legal Eagle on this site. Once you log back in, you can go to the “My Questions” page, and you’ll see our conversation. There, you will have a chance to “Request Legal Eagle”. Type in your question, and it comes to me. You can also click the link below. https://www.justanswer.com/law/expert-dmwesq/.

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Customer rating:
Legal Eagle
Legal Eagle
Attorney
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21 Oct 2021
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