Pushing a DWI trial date back Sometimes it may be impossible for the accused to visit the court on the trial date for a good reason but many DWI lawyers proactively suggest pushing back the court date. The prosecution may try to get the case over with lenient charges or altogether drop them.
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But typically, the court would be surprised by such a motion from someone who is free (see above). Your lawyer will have to be on your side with this one. She or he may not approve of the motion. Are your lawyer and the system milking you?
Failure to be present if you have not received a continuance can result in extremely negative consequences including money penalties, loss of rights, and even incarceration. Be sure to confirm that your court date has in fact been confirmed before deciding not to attend the original date.
Do not skip the original date until you receive confirmation of cancellation of the original date and a rescheduled date. Contact the opposing counsel. Documents that you receive from the court about the court date will most likely include the contact information of the opposing parties’ attorney.
It could be, but could not be. If you are represented by counsel, ask your lawyer why the schedule keeps moving. Otherwise, if pro se, call or visit the courthouse and seek additional clarity from the clerks who manage the trial/citation calendar. Have a good new year.
Ask your attorney why they do what they do. A lot of times attorneys will reset the case multiple times hoping that the police officer doesn't show up, or hope that the prosecutor will be tired of the case and will offer a deal. Sometimes cases get bumped by the court too.
"Normal" in terms of court proceedings is a very broad term. Suffice it to say cases do get delayed
It is not unusual for a court date to move several times, but your attorney should explain why the movement is happening and when you can realistically expect the case to be tried. Your question sounds like there has not been great communication--which is essential to winning a case. Schedule a sit down with your attorney to get on the same page.
Depending on the traffic ticket you will probably be able to do yourself, just go to the clerk's office and re-calender the ticket after your missed court date, but depending on the ticket the court could enter an order for arrest based on your failure to appear. Thus the safer way is to just get an attorney to go in and continue it for you.
It depends on the policies of the District Attorney and the position of the judge. For such a minor ticket, save yourself the time and headache and get an attorney. For a few dollars, you will most likely get a result that will save you thousands in the long run. Best of luck!
You can do it. However, for a low price, you can typically hire an attorney to take care of it and you will not have to go to court.
It certainly is a lot easier with a lawyer and most likely without you even having to take the time to appear.
If the defendant asserts her right to a speedy trial, the court will accelerate the process normally. Otherwise, scheduling depends first on the courts calendar, then consideration of the lawyers, the witnesses, etc.
Well, unfortunately there is no good answer to your question. It depends a lot on the reasons for the continuances. For example, if there is evidence that still needs to be gathered, that is a good reason for a continuance. Whether the continuance is granted will also depend on the individual prosecutor and their desire to end the case.
Well, unfortunately there is no good answer to your question. It depends a lot on the reasons for the continuances. For example, if there is evidence that still needs to be gathered, that is a good reason for a continuance. Whether the continuance is granted will also depend on the individual prosecutor and their desire to end the case. There is no set "max" time between the date of offense/charge and trial...
If the reason you cannot attend is an appropriate basis for a continuance, the court will inform you what forms or motions must be filed with the court.
If you desire a postponement of the date because you simply need more time, you can opt to attend and ask the judge for more time on that date. Check in with the judge’s clerk when you arrive. Tell them what case you are there for and that you would like to ask the judge for a continuance.
1. Contact the court. Call or visit the clerk’s office of the court that is handling your case and explain why you cannot attend the scheduled date. The clerk will inform you how continuances are handled in that state, county, or city.
Failure to be present if you have not received a continuance can result in extremely negative consequences including money penalties, loss of rights, and even incarceration. Be sure to confirm that your court date has in fact been confirmed before deciding not to attend the original date.
If that information is not readily identifiable, the court clerk’s office can provide that information to you.
[1] For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue.
For instance, in most civil cases in Illinois, to change a court date, you will be required to file a motion to continue. Some common reasons that form the basis of that motion are because you cannot be present because you will be out of town, in the hospital, or incarcerated.