What can I do stop my defendant from postponing trial date again?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do stop my defendant from postponing trial date again?
My court date was postponed due to my defendant stated his mother was very sick and had to travel out of country for her last wishes. that was a lie, someone I know from his work, saw him at work and did not travel out of country. What you do if you were me?
Asked on June 19, 2012 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If he tries to postpone it in advance of the trial, by written motion, file papers in opposition to the motion; to those papers attache a certification (basically, an affidavit) from you that based on information and belief, defendant had misrepresented his last adjournment. Also get a certification from the person who saw him, that they personally have knowledge that he did not leave the country.
If he tries to adjourn it the day of the trial, orally to the judge, object to the judge and explain your reasons clearly; offer to get a certification from your friend/associate testifying that the defendant never left, or to bring the person in to testify.
Also, when you object to an adjournment, note that defendant has already adjourned once--judges don't like it when people keep adjouning.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.