10/26/2009 at 03:00 PM EDT
After missing a court date in Santa Barbara last week, Randy Quaid and his wife, Evi, indicated through their attorney that they'd be in court Monday afternoon to be arraigned on felony charges. But with hours to go before they were due to appear, their new attorney said they would not be there – and would instead show up later in the week, according to Senior Deputy District Attorney Lee Carter.
"I hope they show up in court later this week," Carter tells PEOPLE. "I'm proceeding with the extradition. I'm not holding my breath for them."
The pair were arrested in Marfa, Texas
, on Sept. 24 after allegedly running out on a $10,000 hotel bill at the exclusive San Ysidro Ranch in Santa Barbara, Calif., last summer. A felony warrant for burglary, defrauding an innkeeper and conspiracy is outstanding for the couple.
If they don't appear in court voluntarily, the extradition process will continue. Bringing the pair from their home state of Texas is a complicated and lengthy process that requires signatures from governors of both California and Texas.
"I would love to avoid the time and expense," Carter said. "I would love them to show up voluntarily."
The Quaids could not be reached for comment.