Legal Question in Criminal Law in Michigan
Out of Town During Midemeanor Court Date
I was arrested out of state for larseny and minor consumpotion yesterday, my court date was scheduled for the 5th of august, but i will be out of town after the 29th of july. My charge is only a misdemeanor. I just want to know if i could possibly reschedule my court date to a few days later.
4 Answers from Attorneys
Re: Out of Town During Midemeanor Court Date
if you retain counsel, an adjournment is very likely obtainable. Contact me at www.kliszlaw.com. Tim Klisz
Re: Out of Town During Midemeanor Court Date
Why are you spending your time posting this kind of question at an anonymous legal help web site when you could just use the time to call the court (or the prosecutor's office that's handling the case) directly and explain your situation and asking the same question????
You don't HAVE to hire an attorney to get a hearing adjourned. You can do it yourself. You might need to go to the court to explain it on the record to the judge, you might need to present documents to support the fact that you will be unavailable or to prove that you were locked into this out-of-state conflict BEFORE you learned about the court date, etc.
Courts will appeciate you being PROactive ... by you asking for permission (especially if there is a bond condition that bans out-of-state travel without court permission) ... rather than you blowing off the court date and then asking for "forgiveness" after the fact. If you don't get the hearing adjourned and still fail to appear, the court will probably cancel your bond, issue a bench warrant for your arrest, and be much less lenient with you when you ask for a second bond to be allowed, for your sentence, etc.
Re: Out of Town During Midemeanor Court Date
Call the court clerk and ask.
Re: Out of Town During Midemeanor Court Date
Contact the court via telephone and ask them, and then make sure you confirm any adjournment IN WRITING in the event there is a clerical mistake, so that you do not have a warrant issued for failing to appear. If you get a lawyer, he or she can appear on your behalf, but usually they cannot enter a plea since it is a misdemeanor, versus a civil infraction, where the lawyer can enter a plea on her client's behalf.
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