What Happens if You Fail to Appear for Jury Duty?
Our justice system depends heavily on jury duty. If you are contacted about jury duty, you’re expected to attend and uphold your civic responsibilities.
First, it is important to understand that even though you have been contacted about jury duty and are expected to serve, there are some exceptions. The court will excuse you for valid health concerns as well as a few other reasons. That doesn’t mean that because you’re in ill health, you don’t have to respond to the summons. You will have to contact the court and discuss how to go about proving your concerns and validating them before you’re excused.
While illness is the most common reason for a person to be excused from jury duty, it’s not the only reason. Other valid reasons include the following:
- You’re a full-time student
- Occupational domain
- You’re connected to the case
- You have a strong, unshakeable opinion about one of the issues surrounding the case
- You have a great deal of advanced knowledge of the case
- You’re elderly (once you’ve passed your 70th birthday, you’re no longer required to serve on a California jury.)
If you aren’t able to be excused from your jury duty summons, you are expected to show up at the courthouse at the appointed time and date. The first time you fail to appear, you’ll receive a postcard from the court giving you a second chance. If you ignore that second postcard, you’ll be charged with contempt of court.
Getting charged with contempt of court for missing jury duty is not a laughing matter. This is a criminal charge. You will have to appear before a judge who will decide how you’re failure to honor your jury duty obligations will be handled. They could order you to spend a few days in jail, do community service, or even fine you up to $1,500.
If, for some reason, you’re unable to honor a jury duty summons in California, you are allowed to postpone your jury duty. This isn’t an indefinite postponement. You’re only allowed to ask for two jury duty postponements during a 12-month period.
When all is said and done, it’s in your best interest to handle the jury summons as soon as you receive it.
Is a Public Defender the Right Choice for You?
One of the great things about the way our justice system is set up is that everyone is entitled to legal representation. That means that no matter what your financial situation is, you don’t have to worry about navigating the criminal charges that have been filed against you by yourself. If you can afford a private criminal lawyer, fantastic. If you can’t afford the legal bills, the court will appoint a public defender to handle your case.
There are several reasons why you should take advantage of the public defender.
Public Defenders are Fully Trained Lawyers
Some people believe that they should avoid public defenders because they assume that since public defenders are court-appointed they must not be real lawyers. That’s not the case at all. The truth is that public defenders are highly trained attorneys who not only attended law school but who also successfully passed the state’s bar exam.
Unlike private criminal defense attorneys, public defenders don’t have the ability to cherry-pick their cases. They are required to take any case the court assigns to them. This means that public defenders get a great deal of experience handling an assortment of cases and charges. In many respects, this makes them more versatile and able to handle the unique details of your case.
Public Defenders Have a Solid Working Relationship With the Judges
Public defenders work with the local judges and prosecutors every single working day. They understand the personal preferences of the other side in a manner that private lawyers don’t. They know when it’s best to approach a judge, how to word things in a way that makes both the prosecutor and the judge more likely to accept a plea bargain, and are often more comfortable speaking to the judge and prosecutor than a private attorney is. They can use this knowledge to help you get the best possible deal.
Public Defenders Often Excel in Niche Areas of the Law
Public defenders, especially the ones who work in larger cities where there is a larger pool of public defenders, often settle into one or two niches of criminal defense, such as auto theft or domestic violence. This sometimes gives them an edge since they are always up to date on changes in the law, the little things that can really impact a case, and similar court cases that they can use to help lessen the charges you’re facing.
Public Defenders are Masters at Recognizing a Great Plea Deal
The simple truth is that if your case is going before a jury, you will probably be better off with a private criminal defense attorney, but if your main concern is getting the best possible plea deal, a public defender is a great option. Public defenders have seen enough cases just like yours that they have developed a knack for identifying a great plea deal and knowing when you should hold out for a different option.
They’re Affordable
A private defense attorney is expensive. If your finances are such that you are eligible for a public defender, it is far better to accept that as opposed to trying to handle the case all on your own.
Have you ever been represented by a public defender? Was your experience positive or do you wish you’d gone with a different option?
Different Types of Pleas in California
Shortly after you’ve been formally arrested and charged with a crime, you’ll have an arraignment. The arraignment is your first opportunity to tell a judge how you plead.
At a California arraignment, there are three different ways you can plea:
- Guilty
- Not guilty
- No-contest
Guilty
A plea of guilty should be self-explanatory. When you tell the judge that you’re guilty, you admit that you committed the crimes for which you’ve been charged and that you’re ready to face the consequences. While everyone has their own reasons for pleading guilty at the arraignment, one of the main reasons they do so is because they’re hoping that by admitting to their guilt right away, they will get a smaller sentence than if the case went to trial.
Not Guilty
When you plead not guilty, you’re telling the judge that you’re taking no credit for the crimes you’ve been charged with. When you plead not guilty at the arraignment, the case progresses to the next stage and often ends with a jury trial. Many people plead not guilty because they want an opportunity to negotiate with the prosecution and potentially reach a plea agreement that would result in a lesser charge or less severe sentence.
No-Contest
No-contest pleas are a bit confusing. When you plead no contest, you’re telling the judge that you are willing to accept the consequences of the criminal charge. In California, a no-contest plea is handled the same way as a guilty plea. When you plea no-contest, your case will go directly from the arraignment phase to the sentencing phase.
The main reason people decide to plea no-contest in California is that they are worried about civil lawsuits. While it’s true that the California criminal court views a no-contest plea as a guilty plea, the same isn’t true in civil courts. When you plea no-contest, the plaintiff in a civil case can’t say that you ever openly admitted your guilt.
The way you plea at an arraignment has a long-lasting impact on your life, especially if you’re facing felony charges. Considering how serious the situation is, you should never enter any plea without first consulting with a defense attorney.