How To There will be a postponement of Arraignment.
If you have been arrested and charged with a crime, the first thing you will have to do is get in front of a judge.The judge and prosecution will inform you of the charges against you, ask for your plea, and determine bail.Within a few days after your arrest, you will be charged with a crime.It can be difficult to clear up your schedule if you have been released from jail.If you have a scheduling request, you will have to ask the court for a delay.
Step 1: Hire a lawyer.
You need to find a good criminal defense law firm immediately if you have been released from jail.A lawyer will help you through the entire criminal process, which will include filing any continuance request you may need.Contact your state bar association's lawyer referral service if you don't know where to find a good criminal lawyer.You will be put in touch with a number of qualified choices after answering a few general questions.You may not be able to get a lawyer before your court appearance if you are being held in jail.If this happens, you will need to make your request in person at the court.If you can't afford a lawyer, one might be appointed to you before the trial.Discuss your need for a continuance if this happens.
Step 2: The date of your appearance should be verified.
You will be in court soon after you have been arrested.If you received a citation, the date of your arraignment will be on it.Ask jail staff for information about your court appearance if you don't have any paperwork.It's important to know this date for a number of reasons.If you are not in jail, you need to show up for the hearing.If you are in jail, court and jail personnel will make sure you show up on time.If possible, requests for continuances should be filed a number of days before your court appearance.When you need to file your request, you should know the date of your arraignment.
Step 3: Your request should be drafted in a timely manner.
If the continuance is filed before the date of the trial, it is more likely to be granted.If a continuance request is made within 10 days of the hearing date, it is scrutinized differently in Pennsylvania.The judge will look at your request to determine if there is good cause for the postponement.If the reason for your request arises within the 10 day period, the judge will only consider it.Judges are usually willing to hear your request within 10 days of your arrest.You need to file your request as soon as possible.
Step 4: Understand why you make a request.
There should be a statute, judicial decision, and court rule in every state.If possible, you should provide a short legal analysis for your continuance request.In Connecticut, there are some valid reasons for a continuance that include counsel not being ready and you being unavailable.Judges have the option to grant a continuance for good cause.Repeated delays and delays for improper reasons will be discouraged by judges.When the judge reviews your request, he or she will want to know the positions of all the parties, the number of prior continuances requested, whether a postponement will prejudice the prosecution, and the desirability of unrepresented parties obtaining counsel.
Step 5: Whenever possible, avoid conflicts.
If it is possible to get through the arraignment without a postponement, then you should do so.You may not be able to get a continuance down the road if you file a request early in the judicial process.Not every continuance request is a bad one and not all conflicts can be avoided.You should ask the court for a postponement if you have a good reason.
Step 6: You have to identify yourself in the request.
You need to understand what goes into a proper request if you are writing it on your own or asking your lawyer to do it for you.You and your case should be identified in the first part of your request."Your honor, my name is Sally Jane and I'm going to appear in court on January 17th for my trial in the case of Alabama," it might say.It's 1234567.I'm the one who's in that case.
Step 7: Every party's position on the continuance should be included in a statement.
Most states will require that you reach out to the prosecution and request an agreement on the postponement or provide a good reason for not doing so.If you have a lawyer working for you, you should try to reach an agreement with the prosecution.Don't reach out to the prosecution if you're not represented at this time.Most prosecutors are not allowed to speak to defendants outside of court if you want to incriminate yourself.If you have defense counsel on your side, your request might read: "The prosecution has been made aware of our continuance request and they have informed us that it will not be opposed."The prosecution is willing to agree to the postponement.The prosecution has not been contacted or made aware of the request for a continuance.As an unrepresented criminal, I am unwilling to have a discussion with opposing counsel without first consulting my own lawyer.
Step 8: Explain your reasons for requesting a delay.
Counsel is not prepared, has not been hired, or has been appointed, so they ask for an adjournment.If you don't have enough time to hire a defense lawyer, you might want to ask for a postponement.The Pennsylvania Code states that judges may consider the need for unrepresented parties to hire counsel when making a postponement decision.Your request might read: "I am requesting a postponement because I have not had time to review the charges and available evidence."I didn't have a chance to speak with my client about the matter.
Step 9: In the past, you have asked for other continuances.
The last part of your request should detail any other requests you have made.Unless you have already postponed your hearing, you won't ask for a delay in this case.The section of your request that might be short."I have never before asked for a continuance in the case of Alabama v. Sally Jane," is what your request might read.It's 1234567.
Step 10: Copies of your request can be made.
Before you file your request, you need to make multiple copies of it.One copy will be for your records, another for the prosecution, and other copies may need to be filed with the court.If your lawyer is handling the filing, he or she will make copies for you.
Step 11: The other party should be notified.
You need to inform the prosecution of your intentions before you file a continuance request.You will give the prosecution a copy of your request.You need to hire someone over the age of 18 who is not related to the case to serve the prosecution.The server will give a copy of your request to the prosecutor.The server will need to complete a proof of service form after the prosecution is served.Under oath, the server must swear that the service was completed properly.The server will return the proof of service form to you.
Step 12: You have to file your paperwork.
You need to file those documents with the court once you have your continuance request and proof of service form in hand.The clerk of courts will receive the paperwork from you or your lawyer at the courthouse.The original copies of the request and proof of service form are required by the clerk.A small filing fee may be required when you file your paperwork.If you can't afford it, you may be able to get rid of it.Your paperwork will be stamped as "filed" when you take care of the filing fee.
Step 13: It's a good idea to do as much research as possible.
You may not be able to file a written continuance request if you are in jail and/or if counsel was not aware of your arraignment late.If this is the case, you will have to make your request at the arraignment.He or she will make an oral request for you if you have counsel.You will need to request it yourself if you don't have counsel.If you want to make your own oral request, try to learn as much as possible.This might not be possible if you are in jail.If you are not ready, you can ask for more time.If you are out of jail, get on a computer and learn how to make an oral continuance request.Use search engines to learn about the law, watch videos of court hearings, and visit your local law library.
Step 14: Attend your hearing.
You need to show up for your scheduled court appearance if you are making an oral continuance request.Most oral requests will be due to a lack of counsel or preparation, not a scheduling problem.You will be taken to the courthouse on the morning of your trial if you are in jail.Arrive to the courthouse early so you have time to get through security when you are out of jail.When you get to the courthouse, find your courtroom and sit quietly until your case is called.When your case is called, move to the front of the courtroom and sit at the proper table.
Step 15: Stand up and identify yourself.
Ask nicely if the judge will allow you to request a continuance.Don't make this request before you're done with the arraignment.Do not answer questions about the charges until your request has been made.It will be difficult to get a postponement once you start with the proceedings.Stand up, address the judge, and say: "Your honor, I am Sally Jane."The person in this case is me.I would like to continue.
Step 16: Tell the court why you can't continue.
The judge will likely ask why you need more time once you identify yourself.You should tell the court your reasoning behind the request.If you don't have counsel or counsel is not prepared, it's most likely that your request is being made in oral form.If you can't find a lawyer, you should show the court the efforts you've made.This could include telling the court about your dealings with the lawyers.If you have upcoming consultations, tell the judge who they will be with.If you don't have counsel, you should say: "Your honor, I am requesting a postponement because I do not have a lawyer yet."Without counsel, I am unable to adequately address the questions and concerns of this court.I request that my counsel be appointed before I am indicted.
Step 17: Receive the order from the judge.
A judge will make a decision in the form of an order and notify you in an appropriate way if you make your request in writing.If you made your request in writing, the judge's order may be mailed to you or you may receive a phone call notifying you of the decision.If you made the request in court, the judge will make a decision in front of you.
Step 18: Get your new date.
The judge will usually delay it for a specific period of time if you are granted a continuance.The judge might ask the parties how much time is reasonable.There will usually be a new date in open court.The judge might ask for written statements about how much time you need.The judge will assign you a new date after weighing the responses from both parties.
Step 19: Prepare for your court appearance.
Make sure you are ready to go when the new date is set.When you were able to work with the judge on a new date ahead of time, it will be very difficult to delay an arraignment a second time.You should be prepared to acknowledge the charges against you, enter a plea, and discuss bail and release on the day of your trial.
Step 20: Understand that the judge denied your request.
If the court denies your request for a delay, your hearing will go on as scheduled.The court will consider your reasoning against any prejudice the postponement might cause the prosecution.The judge will most likely deny your request if the postponement would hurt the prosecution.If you have made requests before, they are often denied.