Legal Question in Criminal Law in Wisconsin
How can you schedule a faster plea hearing on a dc case? My fiance has been incarcerated for a month now. The DA offered a plea and he accepted. There is a pre-trial scheduled un a couple of days, but he won't be there. They have his next court date scheduled over a month away. How can we get a quicker court date?
1 Answer from Attorneys
The calendaring of court dates is a complex process which involves, at minimum, coordinating three different attorney calendars (the Judge's, the Assistant DA's and the Defense attorney). Each of these participants can have hundreds of different matters on their calendars at any particular time, so finding a date which will work on all three is often no easy task. Changing dates once they have been set up is even more difficult. The judge does not even have the power to do it on his own but instead needs to give all other parties a chance to object to any proposed new date. This means that all three need to be on the phone to together or in court at the same time in order coordinate calendars. In other words, while it may be possible to change the court date, it is probably not worth the effort unless there is a true emergency of some sort. It is so much work that your boyfriend's lawyer would probably need to charge at least $500 extra to do all of this (drafting, setting up and serving a motion for adjournment, in addition to attending a special additional court date just for the motion which could involve hours of waiting time in court if the calendar is busy). For this reason, it is easiest to raise any objection to a new date while it is being set up in court, and for this reason, it is critical for everyone to have their calendars with them whenever they are going to court. My comments here are for public educational purposes only and are not legal advice specifically tailored to your specific situation. You should therefore retain a lawyer in order to meet your legal needs, or at least schedule a private consultation with one. I am not your attorney and will not be taking any action on your case. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. However, you are welcome to contact my Racine, WI office at 262-633-3090, see me on the web (www.jayknixonlaw) or email me at [email protected] with further questions. Web forum answers may contain attorney advertising materials.
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