why does my lawyer keep resetting court date

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.

Full Answer

What does it mean to reset a court date?

What is the reset of court date? In the context of a legal case, reset can be described as rescheduled. If the hearing is rescheduled, the parties need to go for a different date and will appear on the judge as well. It is done by notice.

What to do if your court date keeps getting delayed/pushed back?

- Quora What can you do if your court date keeps getting delayed/pushed back? The Worst Retirement Mistakes People Make. Simple mistakes can wreak havoc on your retirement. A financial advisor can help. If he's confident that he can beat the rap, then he needs to tell his lawyer in no uncertain terms to take the case to trial, as soon as possible.

What is the rule of reason for postpone a court date?

TL;DR (Too Long; Didn't Read) The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

Can I change my court date if I'm not available?

If you ask the court two days before the hearing for a new date and it wasn't an emergency, you might have a problem. If you receive a notice of hearing six months in advance and you know you won't be available that day contact the court right away, and you'll probably get the date moved.

What does it mean to reset a case?

reschedule“Reset” as it applies to courtrooms is synonymous with “reschedule”; a “court reset” is simply when a court date is rescheduled to a later time (this is also called a continuance).

What does a reset date mean in court?

Reset in the context of a legal case simply means rescheduled. If a hearing has been reset, the parties will appear before the judge on a different date than originally noticed to appear.

What does vacated reset mean?

When a court date is vacated, it's basically undone. If they have a future hearing date, for example and the date got reset, they would vacate the future date.

How many times can a trial be reset in Texas?

Reset Cases. For Court appointed attorneys the Court Administrator may reset the case up to three times. After 3 setting the Defense Attorney must have the Judge's permission. For retained attorneys the Court Administrator may reset up 4 resets. After the fourth reset the attorney must talk to the Judge to get a reset.

What is reset of court date?

What is the reset of court date? In the context of a legal case, reset can be described as rescheduled. If the hearing is rescheduled, the parties need to go for a different date and will appear on the judge as well. It is done by notice. When a trial is reset, then the court will conduct it on a different docket.

What happens if you are physically unfit and not able to come to court?

If you are physically unfit and not able to come to the court, then you can show the medical emergencies. You will get permission easily for a later trial. If it is possible then you can take this permission before the court date, on the other hand, you will be responsible for skipping the bail. It will create a negative impact on you.

Can you be locked up in custody?

Being locked up in custody for another reason. You could have a hearing in court while you are in jail. In that case, the date will be reset, and a lawyer can communicate with the court on behalf of you. This is an awkward situation, and here you will have some facilities from the court.

Can you attend a court hearing if your family member is gone permanently?

Suppose you have the hearing date from the court and a family member is gone permanently. Now it will be impossible for you to attend the court. At this time you will have some special facilities, and if you showcase this reason, the court will give a second chance for a hearing.

Why does the prosecutor hold all the cards?

If the accused demanded his right to have a trial within the 120 days, the prosecutor may hold all the cards because the defense attorney didn't have time to prepare a defense. It is not always a smart move. But it can be if the defense feels the prosecutor cannot possible get his case together that quickly.

What does "wait" mean in jail?

If you are free, that is, if you are out on bond or recognizance, then a wait favors the defense. If you (assuming you are the defendant) are in ja il, each day awai ting trial is another day in jail.

What happens if one side slips up?

There are rules of evidence and rules of law that must be followed in these cases. If one side slips up, the other side can benefit.

Can a judge keep granting a continuance?

The granting of continuances are ‘within the sound discretion of the court’, and generally there is no limit to the number of continuances. So long as there is a good reason for a continuance, then a Judge can keep granting them.

Is jail awaiting trial a day?

If you (assuming you are the defendant) are in jail, each day awaiting trial is another day in jail. Now, if you are the type who is constantly getting in trouble, or if the local police are laying for you, then pre-trial postponements may work. Continue Reading.

Can a judge make a determining factor?

The judge understands the law and the need for “probable cause” to make the stop, etc. You don’t. The judge can only (should only) make the determining factor about the merits of the case. Not the person. You, more than likely, do not have the legal training to “defend yourself.” (Remember the adage. Continue Reading.

Can a witness show up for a continuance?

Keep in mind that, if your witness fails to show up, YOU will want a continuance.

Why postpone a court date?

Reasons to Postpone a Court Date. Court dates are often set by the clerk without consideration for individual schedules, which means that your court matter may be scheduled when you have something else planned. Changing a trial date or other hearing date is left to the sound discretion of the court. Obviously, you don't want to seek ...

What is the rule of reason for postponing a court date?

If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

Why do you delay a trial?

If the reason you wish to delay a trial is related to the trial, the court is likely to view it as justified. For example, if your eye witness won't be back in the country until July and your court date is June, a request for a delay sounds very reasonable. Likewise, if the other side just turned over evidence to you that requires you to hire and consult with a new expert, the postponement is in the interests of justice and might be readily granted.

How to get a new court date?

The best way to get a new date for a court hearing is to ask for it as soon as possible. The further away the current date is, the more likely it is that the court will make room for you. If you ask the court two days before the hearing for a new date and it wasn't an emergency, you might have a problem. If you receive a notice of hearing six months in advance and you know you won't be available that day contact the court right away, and you'll probably get the date moved.

Can you change your hearing date?

Changing a trial date or other hearing date is left to the sound discretion of the court. Obviously, you don't want to seek a change of court date for unimportant reasons, such as keeping a haircut appointment, but if it's open-heart surgery, go ahead and request a postponement.

Can you postpone a trial if you are married?

If you decided to get married, purchased tickets for an overseas vacation, or signed up to take the state bar exam before you knew the court date, your motion to postpone the trial will likely be granted.

Why is the judiciary important?

Apparently, the Judicial Branch’s objective is to limit the number of cases in the courtroom so that people can spread out in the courthouse and maintain social distancing as much as possible. For the most part, the system has worked well, although due to capacity limitations only a few cases can be addressed per day.

What happens if you don't appear at a hearing?

If you fail to appear at the hearing a re-arrest may issue against you for failure to appear. For this reason, it is important that you make sure that the clerk’s office has your most recent and up to date mailing address. Also, make sure that you promptly notify your lawyer of any change in address or phone number.