There are a lot of questions that I'm getting right now, and as I write this March content, the Los Angeles criminal courts have just closed for three days.  I think they're going to take more measures, but right now, I believe the judges are still figuring out exactly what they're going to do.  The criminal judges are typically the ones who control the courthouse, and the Governor of California also backs them.

I think they're going to put a bunch of restrictions on the courts right now.  Before implementing this closure, which began on March 17, 2020, they had essentially closed the court for jury trials in civil cases.  They closed the court for all bankruptcy cases.

Criminal Cases Are a Priority Due to Custody Issues

Criminal cases take precedence over all other cases.  They're going to do those cases last because people who are in custody, for example, in criminal cases in Los Angeles, have certain rights.  You can't just leave people in custody.  They have a certain right to have their trial or preliminary hearing within a certain period.  So, that's really throwing a wrench in deciding what to do with the criminal cases.

Many of the judges are currently continuing the cases if possible.  I just had a client who didn't show up at the probation department, and they submitted a report to the judge.  Normally, the judge would simply issue a warrant for her arrest, but instead, the judge issued a warrant, held it, and put it off until mid-April.

Everybody is trying to move their cases forward by about a month or two while they figure out what will happen with the coronavirus and what exactly can be done to control it.

Because when you have a situation where you're entering a courthouse — especially these courthouses in Los Angeles — and there are about 38 of them, which are very close-quartered and very dirty, even before the coronavirus came along.

So it's going to be very difficult for them to be able to protect the public, especially when you have to go through a metal detector in every single criminal court in LA County, so now you're taking all of your stuff off, you're putting them in trays that other people are using.

It's going through a machine that's probably very unsanitary, and now your stuff is coming back out. If someone who has the coronavirus puts their belongings inside that metal detector, and then you put your phone in there and hold it up to your face, I'm sure the criminal courts are realizing this is a significant problem.

Los Angeles Criminal Courts are Temporarily Closed

Currently, as I write this post, the courts are closed.  If you're out of state, out of the country, or having trouble getting back in, it's possible that a warrant may be outstanding for your arrest.

Maybe you have a court appearance pending — you were arrested, posted a bail and maybe you were given a citation and now you're worried about going into the criminal court — the key thing you need to do is get a hold of your attorney, because your attorney will be able to figure out whether you have to go to court.

Often, your attorney can represent you, so you don't have to appear in court.  They want as few people in the courthouse right now as possible, and your attorney, a lot of times, can continue your case so that the courts can get their act together and decide exactly how they're going to handle some of these criminal cases.

It isn't easy to simply close the courthouse down because they've cases set every single day.  Not only that, but new arrests are being made every single day.  That creates a big backlog if they just shut the court down for any length of time.

They don't currently have the video equipment set up in criminal court.  They do have it in the jail so that public defenders can talk to their clients via video conference, and they have a lot of video conferences set up in some of the county courthouses where arraignments take place.  But it's not feasible at this point.

They'd have to put a lot of work into that system to be able to go live with video, especially when there would be video from multiple locations.  An attorney would be coming from a location.  You've got the prosecutor; you've got the judge.

You may have an in-custody defendant that you've got to deal with.  So, there's a lot to consider when you're trying to figure out whether you're not going to hold court in a criminal case.

Misdemeanor vs. Felony Case

In misdemeanor cases, it's a bit easier because the attorney can appear for their client in almost all misdemeanor situations, especially when you have a scenario where you've got a virus like this and there are concerns about public safety.

When it comes to a felony, though, that's more difficult.  Typically, the defendant must be present to waive time and make decisions.  You can't make moves in a felony case without the defendant's knowledge, without their consent, and typically without their presence.

So, right now I think what they're going to do — they've closed the court for a few days.  I think they're going to figure out what they're going to do, whether to continue cases a month or two or three months out, while they assess the situation in the country.

To see how things are going to play out, they'll then have to make some hard and fast decisions down the road to catch up. Otherwise, the courts will soon be overwhelmed and unable to handle any business.

Contact the Hedding Law Firm for Help

So, if you've a criminal case currently in Los Angeles County, I've been handling these cases for 26 years.  I stand at the ready to help you.  We can determine if you're unable to attend the court appearance and make arrangements to accommodate you, including how to ensure your admission, so that we can continue the case and provide you with time to make the court appearance in the future.

Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. We are also located at 633 West Fifth Street, Los Angeles, CA 90071. Contact us for a free case evaluation at (213) 542-0979.