This may be all you need to do to reschedule your court date. Tell your bail bondsman: If you worked with a bail bond agent to be released on a surety bond, then make sure they are in the loop and know that you are requesting a different court date. Get to court early on the scheduled date: If you can, show up to court early on your original court date.
Request a continuance: When your name is called at court, you or your lawyer may ask the judge for a continuance. They will ask for a reason, and if a permissible excuse is given, they may set a new date. They can work to get your court date rescheduled or appear in court on your behalf to explain your absence.
Contact the court: If you can, notify the court that you are seeking a postponement due to an emergency. They may be able to help!
At your arraignment, the judge and prosecution will inform you of the charges against you, ask for your plea i. Arraignment will usually happen within a matter of days after your arrest. Therefore, it can often be difficult to prepare for the hearing and clear up your schedule if you have been released from jail pending the hearing.
If you need to postpone the arraignment for some reason, you will have to ask the court for a continuance, which is a scheduling request. Log in Social login does not work in incognito and private browsers.
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Related Articles. Co-authored by Clinton M. Part 1. Hire a lawyer. If you have been released from jail pending your arraignment, you need to Find a Good Criminal Defense Law Firm promptly. A lawyer will help you through the entire criminal process, which will include filing any continuance request you may need.
If you do not know where to find a good criminal lawyer, contact your state bar association's lawyer referral service. After answering a few general questions, you will be put in touch with a number of qualified choices. If you are being held in jail pending your arraignment, you may not be able to hire a lawyer before your court appearance. If this happens, you will most likely need to make your continuance request in person at the arraignment. However, in some very rare circumstances, if you cannot afford a lawyer, one might be appointed to you before the arraignment.
If this happens, talk to them about your need for a continuance. Verify the date of your arraignment. Your arraignment will take place soon after you have been arrested and charges have been filed against you. The date of your arraignment will be on your citation, if you received one.
If you do not have any paperwork, ask jail staff for information regarding your court appearance. This date is important to know for at least a couple of reasons. First, the arraignment is an important hearing and you need to make sure you show up if you are not in jail.
If you are in jail, court and jail personnel will ensure you make it to your appearance on time. Second, requests for continuances should be filed a number of days before your arraignment, if possible. Therefore, you should know the date of your arraignment so you know when you need to file your request. Start drafting your request in a timely manner. In most states, continuances are more likely to be granted if they are filed well before the arraignment date.
For example, in Pennsylvania, a continuance request is scrutinized differently if it is made within 10 days of the hearing date. If your request is made at least 10 days in advance, the judge will look at your request to determine if there is good cause for the postponement.
However, if you file your request within the 10 day period, the judge will only consider it if the reason for your request arose within that 10 day period.
With that being said, you still need to file your request as soon as possible. Understand common reasons for making a request. Every state should have a statute, judicial decision, and or court rule laying out valid reasons for continuances. However, you also have the option under section to schedule an arraignment and trial for separate days. Payment of bail for a traffic infraction is not required to contest your ticket except under limited exceptions provided by California law.
These exceptions include the following: 1 if you wish to schedule a trial without appearing first for an arraignment Veh. That money will be returned if you are found not guilty and the case is dismissed. You will be required to post the bail amount on your courtesy Violation Information Notice. You can appear before a judge, however, you must reserve a date to see the judge. You can write a letter to the court and plead not guilty. You must include the bail amount on your courtesy Violation Information Notice and send the letter by certified or registered mail at least five days prior to the due date on your ticket or Notice.
Mail the letter to:. Superior Court P. You can have a trial by written declaration in which no court appearance is required; instead you provide the court with a written statement and post bail for amount on your courtesy Violation Information Notice. Forms are available if you choose this option. Note: If you are not able to submit the full bail amount as required by the California Vehicle Code, you must reserve a date to see the judge to enter your plea of not guilty and discuss bail with the judicial officer.
If your ticket is for an infraction, a judge will hear your case instead of a jury. At your trial, the police officer will state why he or she gave you the ticket. You may hire an attorney or represent yourself. You or your lawyer can:. When your case is called, you and any witnesses you have should step forward to the counsel table.
The officer will testify first. After the testimony, the judge will ask you if you want to cross-examine the officer. This means you can ask the officer questions about matters brought up in his or her testimony and other related matters concerning the case.
It does not mean introducing your own testimony at that time.
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