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extension on a court date

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axl4u2000

Member
What is the name of your state? california

can anyone tell me if i can get an extension on a court date for a driving with suspended license?
I know this is a traffic misdemeanor, but Im confused because some people tell me this is a criminal misdemeanor, and for criminal matters, court precense is mandatory, but also i know this is a traffic misdemeanor, which its ok to get an extension for court appareance.

can anyone help me please?
ty
 


JETX

Senior Member
You can write the court and explain why you want a continuance and ask that they grant your request.
 
R

rlynchco

Guest
i was recently scheduled to appear in court, first appearance, for a charge of trespassing which was later dismissed due to failure to provide evidence by the arresting police officer. i contacted the court that i was scheduled to appear at and explained that i could not appear on the scheduled date. i had made prior travel plans to accompany my juvenile niece and nephew back to thier home from visiting with me and they were to young to travel alone. i was referred to the judges baliff assigned to my case. when i spoke to the baliff and explained my situation she advised me that she could not give me any guarantee of approval by the judge, and convinced me to submit my request based on my reasons given. additionally, she informed me that since it was my first request to reschedule ( called in arizona " motion to continue") that it woiuld most likley be approved but again refused to give me a guarantee. i filed the motion to appear as instructed. on my schedule court date, from out of town, i called the baliff and spoke very briefly with her. i was very relieved to find out that they have would have apporved my request had the chargres not been dropped by the city prosectuor! i say go for it and see what the outcome is- it can do any harm to ask, right??
 

axl4u2000

Member
so whats the procedure in order to get a continuance? just show up to the crminal court and ask them for one giving them valid and solid reasons or there is another way?
 
R

rlynchco

Guest
well, in arizona here is how it plays out. most likely, the same or similar procedure to follow in the state of california. i went to the court house where my case was to be handled- so first find out where the case will be tried. there should be a customer service type area, a bank of windows much like the dept of motor veh. speak with one of the court assistants there at the window and advise them of your request for a "motion to continue " and offer them your explanation and/or reason for requesting the continuance. they may not need to hear the explanation since they do not make the decision of approval/non approval. most likely there will be a form(s) to fill out that would ask for your details, court date/time/cae #, etc. be sure it is a good reaosn--hint hint....so that you have the best chance to win the approval. but also be able to provide evidence for your request if asked for it. i had travel arangements and had to provide a copy of the tickets with my witten request to continue. the form was then taken to the judges baliff who stamp and dated it " received " and gave me a copy. from that point she met with the judge and went over the request with him and it was apporved and dropped by the city also. i believe it was a criminal misdeamanor but i could be wrong. anyhow, whatever the proceudrei s in Ca. i am sure you can ind out what ot do from the court house or possbily visitng the webiste from you city gov. offices, good luck!!!!!!!!!!!!!
 

axl4u2000

Member
actually is a bit different here in CA. Went to the criminal court and they said, nope we can not give u an extension or continuance. They can give u an earlier date and thats not what i want..oh no sir..i was like..ok now im gonna get ready for some forced vacation. I talked to some lawyer and he told me to wait til the first appareance and plead not guilty and ask for the continuance to the judge. He said that first continuance is pretty much always granted since they wanna give you a chance to defend urself. im like half way tru the alcohol program so in like a month or so ill be done and i finally can get my license and show up in court and maybe meet with the DA and work some kinda deal and perhaps if im very lucky, maybe get the minimun fines. oh well there it goes a weeks pay. We will see what happens and ill try to keep u all posted.

thank u all for ur help
 

axl4u2000

Member
All done!!

Just to tell you all, I went to court today and I got the charge changed from 14601.2(a) to 14601.1 which only carries a fine and no jail time. Pleaded guilty and will be paying fines every month til the full amount is paid off.

Thank you all for your help

Dont take this the wrong way but, I hope I dont have to log on in here for a looooong time. lol

take care
 

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