Cancer Patient Failure to Appear - Southern California

[spacefrogg5]

My situation-I was to appear to trial against the cop for a carpool violation. An extension was given when I provided the court with chemotherapy dates.

Trial was set 1 week after chemo. During treatment Doctors had to increase the dosage and therefore I had to stay in the hospital longer and received a "failure to Appear" in Orange County, California along with a warrant.

I would like to still go to trial as I am innocent, but wanted to know if this is still possible with a failure to appear or did I lose my rights to a trial.

What can I do and how can I go about this, and can I still go to trial?

[blewis]

I'm not sure about CA, but in WA (and I'm sure it's very similar), you would have to file a Motion to Set Aside Judgment, to quash the warrant, and to reopen the case. You would attach a declaration (signed under penalty of perjury) setting forth your explanation. You might also attach a copy of the hospital bill or other evidence that substantiates your claim.

In WA, your motion would be scheduled for a hearing in front of a judge. If the motion is granted (which, given your circumstances, it seems like it should be), you will then be scheduled for ANOTHER hearing to address the traffic citation.

Please understand, I have only ever seen this done by an attorney, and I would highly recommend you retain one.

Perhaps some of our CA experts or one of the attorneys can correct me if I've made a mistake.

Good luck,
Barry