There are several court dates in the life of a DUI case. The first court date is arraignment. This is where the court formally notifies the defendant of the charges and asks the defendant whether they plead guilty or not guilty. After arraignment, the case is then scheduled for a “calendar call,” court date.
What is Calendar Call?
The purpose of calendar call is for the parties to appear in court and “announce” to the judge the status of the case. This way, the judge will know whether the case is going to be a trial, a plea, or if the case needs to be continued due to an outstanding issue (missing evidence, witness unavailability, accountability court applications, scheduling conflicts, etc.). Calendar calls promote judicial efficiency.
Who Must Appear?
Unrepresented defendants must appear at calendar call. Failure to appear will cause a bench warrant to be issued for your arrest and forfeiture of your bond. At calendar call, an unrepresented defendant who does not desire to hire an attorney may announce “pre-trial” at calendar call. This announcement signals to the judge that the defendant wishes to have a brief conversation with the prosecuting attorney about the case in an effort to reach a resolution. In this “pre-trial” conference, the defendant should ask the State what their offer is on the case. If acceptable, then accept. If the offer is unacceptable, or confusing, or seems fishy, the defendant should hire a lawyer. It is important to remember any statements the unrepresented defendant makes to the prosecutor can be used against the defendant at trial.
Represented defendants may have to appear at calendar call, depending on the judge. Most judges will allow the attorney to appear and make an announcement on the defendant’s behalf. Therefore, it is critically important attorneys know the judge’s preferences in advance of court as to avoid a possible bench warrant. If a judge is particular about represented defendants appearing in court, the attorney may still be able to excuse the defendant by filing a “waiver of presence,” with the court. This is simply a notarized document signed by defendant stating they waive the right to be present. Furthermore, some judges will allow attorneys to make their calendar call announcements via email in advance of court. This saves the attorney and possibly the defendant a trip to court.
If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.