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View Full Version : Court rescheduled?


davep5
Jul 24, 2009, 04:19 PM
Why would a court appearance get rescheduled

N0help4u
Jul 24, 2009, 04:52 PM
They do it ALL the time for a number of reasons
Lawyer didn't show up
Papers weren't in order and complete
Looking for more evidence
A witness they depended on didn't show up
The Judge had something more important

JUST don't you try it or it counts against YOU to not show.

davep5
Jul 24, 2009, 05:05 PM
They do it ALL the time for a number of reasons
.

Well my buddy and I got tickets for the same thing I'm 18 he's 17 and his got rescheduled but not mine

N0help4u
Jul 24, 2009, 05:06 PM
They can do that if they have reason that they do not want them to be held together, or something. All you can do is go by what they tell you.

davep5
Jul 24, 2009, 05:51 PM
Truee

AK lawyer
Jul 24, 2009, 06:14 PM
All you can do is go by what they tell you.

Not true.

If you want you and your buddy to be tried together, make a motion to that effect.

N0help4u
Jul 24, 2009, 06:16 PM
So if they were scheduled the same day and then separated then they can make the motion to get them tried together.
What if the one is like really soon?
I thought that they often separate them for legal reasons.

davep5
Jul 24, 2009, 06:22 PM
You but there will probably be 100 people there for the same offense, could it be for time and keep it from overcrowding the courtroom

N0help4u
Jul 24, 2009, 06:26 PM
Its hard to say without knowing,
I always thought they could separate cases because of evidence and stuff they didn't want introduced, or conflict of interest or whatever in the same case and stuff like that.
That's why I was saying they are going to do whatever they are going to do.

AK lawyer
Jul 24, 2009, 06:34 PM
Its hard to say without knowing,
I always thought they could seperate cases because of evidence and stuff they didn't want introduced, or conflict of interest or whatever in the same case and stuff like that.
Thats why I was saying they are going to do whatever they are going to do.

If the prosecutor asked to separate the cases for substantive reasons like this, the OP should have received a motion to that effect and been given an opportunity to object.

More likely, the judge decided to calendar the cases on different dates for scheduling purposes only.

On the other hand, we still don't know what the upcoming hearing is. Is it simpy an arranignment, a pretrial hearing, or something of that nature? Or is it the actual trial?

davep5
Jul 24, 2009, 06:45 PM
Well I received a ticket for underage consumption of alcohol and a court appearance to pay the fine or sentencing

AK lawyer
Jul 25, 2009, 04:11 AM
well i recieved a ticket for underage consumption of alcohol and a court appearance to pay the fine or sentencing

Something missing.
You were accused (ticket).
Scheduled for penalty (fine or sentence).

When was the adjudication of guilt? Did you enter a plea?

davep5
Jul 25, 2009, 07:14 AM
When was the adjudication of guilt? Did you enter a plea?

What does that mean?. I received the ticket 2 weeks ago this tues

JudyKayTee
Jul 25, 2009, 07:33 AM
On the other hand, we still don't know what the upcoming hearing is. Is it simpy an arranignment, a pretrial hearing, or something of that nature? Or is it the actual trial?



I think the OP has to come back and let "us" know the status of this - whether it's a pretrial hearing, "arranignment," [sic] or something along those lines -

N0help4u
Jul 25, 2009, 07:36 AM
He said he just got the ticket and hasn't been to court at all yet.

davep5
Jul 25, 2009, 08:07 AM
I got the ticket and I assume I have to go to pay a fine

N0help4u
Jul 25, 2009, 08:10 AM
You got a court date so you go and plead guilty or not guilty.
You will most probably have to pay a fine and/or some jail time. I don't know cause you haven't really given any details other than a fine for underage drinking.
I assume this is your first encounter with the law.

davep5
Jul 25, 2009, 08:26 AM
Yes.. I was not arrested at the time I received the ticket... and I researched the penaltys and it's a max 50$ fine and might have to do community service and/ or take classes.

s_cianci
Jul 25, 2009, 08:27 AM
There can be dozens of reasons. Welcome to the (not so) fun world of justice, American style.

JudyKayTee
Jul 25, 2009, 08:33 AM
yes.. i was not arrested at the time i recieved the ticket... and i researched the penaltys and its a max 50$ fine and might have to do community service and/ or take classes.


Basically you were arrested - you were just given notice to come to Court instead of dragged off to jail.

N0help4u
Jul 25, 2009, 08:44 AM
When the cops dragged me off to jail the other guys were asking why they didn't read the moranda rights and they said because even though you are cuffed and going to jail you are not considered under arrest. They said you are not arrested until you are fingerprinted and booked.

davep5
Jul 25, 2009, 08:47 AM
If I was going to get arrested I would have been arrested at that point in time when the incodent occurred

JudyKayTee
Jul 25, 2009, 08:48 AM
if i was going to get arrested i would have been arrested at that point in time when the incodent occured


You WERE arrested - that is what the ticket was. Either get carted off to jail or get a ticket because it was a "minor" offense.

You apparently have no idea what your status is so why are you arguing when you're the one who asked for advice.

AK lawyer
Jul 25, 2009, 11:55 AM
:p
Now we are getting somewhere.

It's an arraignment. That means the judge will ask you whether you are guilty or not. If you plea "guilty" (or "nolo contendre", or "no contest" - it all means the same thing), the judge will probably sentence you then and there.

At this point, I am reviewing the entire thread and thinking "what was the question again?"

Was it, as I originally thought, that you wanted to know if your buddy's case could be heard (sentencing determined, I guess) at the same time as yours? It's possible, but why?

davep5
Jul 25, 2009, 07:40 PM
I was just wondering why it would have changed, but the letter he got said a parent needs to be present because he's 17

N0help4u
Jul 25, 2009, 07:57 PM
Then it possibly has something to do with that.

JudyKayTee
Jul 25, 2009, 08:02 PM
i was just wondering why it would have changed, but the letter he got said a parent needs to be present because hes 17



And so with all the info posted the answer is evident.

AK lawyer
Jul 26, 2009, 04:35 AM
BTW, this should technically have been posted in the criminal forum.

Anyway, when you go to the court appearance, if you plead guilty, the judge will probably make sure you are knowingly giving up certain rights: right to confront your accusers, right to present witnesses in your defense, right to make the prosecution prove guilt beyond a reasonable doubt, possibly right to an attorney, right not to incriminate yourself, etc.