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-   -   Court rescheduled? (https://www.askmehelpdesk.com/showthread.php?t=379449)

  • Jul 24, 2009, 04:19 PM
    davep5
    Court rescheduled?
    Why would a court appearance get rescheduled
  • Jul 24, 2009, 04:52 PM
    N0help4u

    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.
  • Jul 24, 2009, 05:05 PM
    davep5
    Quote:
    Originally Posted by N0help4u View Post
    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
  • Jul 24, 2009, 05:06 PM
    N0help4u

    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.
  • Jul 24, 2009, 05:51 PM
    davep5
    Truee
  • Jul 24, 2009, 06:14 PM
    AK lawyer
    Quote:
    Originally Posted by N0help4u View Post
    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.
  • Jul 24, 2009, 06:16 PM
    N0help4u

    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.
  • Jul 24, 2009, 06:22 PM
    davep5
    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
  • Jul 24, 2009, 06:26 PM
    N0help4u

    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.
  • Jul 24, 2009, 06:34 PM
    AK lawyer
    Quote:
    Originally Posted by N0help4u View Post
    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?
  • Jul 24, 2009, 06:45 PM
    davep5
    Well I received a ticket for underage consumption of alcohol and a court appearance to pay the fine or sentencing
  • Jul 25, 2009, 04:11 AM
    AK lawyer
    Quote:
    Originally Posted by davep5 View Post
    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?
  • Jul 25, 2009, 07:14 AM
    davep5
    Quote:
    Originally Posted by AK lawyer View Post
    When was the adjudication of guilt? Did you enter a plea?
    What does that mean?. I received the ticket 2 weeks ago this tues
  • Jul 25, 2009, 07:33 AM
    JudyKayTee
    Quote:
    Originally Posted by AK lawyer View Post
    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 -
  • Jul 25, 2009, 07:36 AM
    N0help4u

    He said he just got the ticket and hasn't been to court at all yet.
  • Jul 25, 2009, 08:07 AM
    davep5
    I got the ticket and I assume I have to go to pay a fine
  • Jul 25, 2009, 08:10 AM
    N0help4u

    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.
  • Jul 25, 2009, 08:26 AM
    davep5
    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.
  • Jul 25, 2009, 08:27 AM
    s_cianci
    There can be dozens of reasons. Welcome to the (not so) fun world of justice, American style.
  • Jul 25, 2009, 08:33 AM
    JudyKayTee
    Quote:
    Originally Posted by davep5 View Post
    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.
  • Jul 25, 2009, 08:44 AM
    N0help4u

    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.
  • Jul 25, 2009, 08:47 AM
    davep5
    If I was going to get arrested I would have been arrested at that point in time when the incodent occurred
  • Jul 25, 2009, 08:48 AM
    JudyKayTee
    Quote:
    Originally Posted by davep5 View Post
    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.
  • Jul 25, 2009, 11:55 AM
    AK lawyer
    :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?
  • Jul 25, 2009, 07:40 PM
    davep5
    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
  • Jul 25, 2009, 07:57 PM
    N0help4u

    Then it possibly has something to do with that.
  • Jul 25, 2009, 08:02 PM
    JudyKayTee
    Quote:
    Originally Posted by davep5 View Post
    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.
  • Jul 26, 2009, 04:35 AM
    AK lawyer
    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.

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