Can I ask for a continuance?

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Can I ask for a continuance?

I have go back to court on June 25th for a violation of probation case. I violated my probation by not having a valid driver’s license. I completed the rest of the terms of probation. My license is revoked by the state of Florida and I will be unable to obtain one until July 1st. If I show that I have all of my fines paid, have taken the ADI course and have my SR22 in place, do you think the judge would grant me a continuance? This is in Osceola County, Florida. If I could afford a lawyer I would hire one to help me. Thanks.

Asked on June 3, 2009 under Criminal Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You really should speak with an attorney on this.  I don't know all the facts here and I don't know how tough the judge you draw may or may not be.

Since money is an issue, call legal aid and see if they can arrange to represent you.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If I understand your question -- and your situation -- you need the continuance because the only way you can get there is by driving, and you can't legally drive until July 1st, but when the first comes, you'll have everything else you need, to get your license re-instated, ready to go, and you can prove it.  I'm not a Florida lawyer, so this is pretty general;  if you want to re-post and ask for a Florida lawyer only to answer, that would be okay.

I imagine that if it isn't actual transportation, you want the continuance so that you will have the revoked license, that is the reason for the hearing in the first place, corrected.

Either way, good idea, as long as you understand that getting your license back doesn't "fix" the fact that at least technically, you did violate probation.  But it will help, I think, no matter what.

You'll need to request the continuance in writing, and the sooner you do it, the better.  Not waiting until the last minute shows respect for the process and others, certainly can't hurt you.  Attach copies of the proof you have, that you've done what you needed to do to get the license back.  Explain exactly why you want the continuance.  Make sure you send a complete copy of that whole package to the probation department, and another set to the prosecutor, and note that ("cc" or whatever) in your letter to the court.  Keep two complete sets for yourself.

Even if your request for the continuance is denied, you'll be on record as having dealt with the situation as responsibly as possible, and you can introduce that extra set in evidence.  If it's an actual transportation issue, I'd still work on a "plan b."


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