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Is Motion for Continuance my only option?

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PhxGuy520

Member
What is the name of your state? AZ

I have my first hearing for a possession of Drug Paraphernalia July 13th, and I am representing myself. My father has been sick with cancer for a while and he has recently take a turn for the worse. I would like to get my kids out to see him before he passes away. There is a promotion for airfare that would allow me to afford to take my kids to see their grandfather, but I would miss my court date by a couple days. Of course I have no intention of missing my court date, but what are my options?

Can I enter a plea of not guilty prior to my court date?

I thought about filing for continuance, but by the time I got an answer I am sure I would miss the promotion. Could I call the court house and try to speak to the DA?

Thanks in advance.
 


seniorjudge

Senior Member
Go to the DA's office, hat in hand, and be really polite and really humble.

Explain the situation.

Show your documentation.

Ask if he will agree to a continuance.

If he agrees, then have him sign the motion for continuance that you prepared; he will show, by signing it, that he has no problem with the continuance.

Keep in mind that neither the court nor the DA need to show you any compassion; they did not cause the problem...you did.
 

PhxGuy520

Member
Go to the DA's office, hat in hand, and be really polite and really humble.

Explain the situation.

Show your documentation.

Ask if he will agree to a continuance.

If he agrees, then have him sign the motion for continuance that you prepared; he will show, by signing it, that he has no problem with the continuance.

Keep in mind that neither the court nor the DA need to show you any compassion; they did not cause the problem...you did.[/QUOTE]

What problem did I cause? I am innocent UNTIL proven guilty? Remember that Seniorjudge? Do they still teach that in law school?

I get it. I am a horrible threat to society. Any chance of you answering a question without passing judgment?

How would I go about getting in front of the DA? Do I just call and make an appointment?
 

seniorjudge

Senior Member
Q: Any chance of you answering a question without passing judgment?

A: No. Get over it; consider this a discussion between someone who knows something and is willing to give you the benefit of his wisdom and you (who need to know something). Quit whining and listen.



Q: How would I go about getting in front of the DA?

A: I would dress clean and nice and go to the DA's office. Ask politely if you can talk to the prosecutor who is handling your case. Be prepared with the case number, court division, etc. The prosecutor may not be assigned yet. In any event, tell the receptionist/secretary that you do NOT want to discuss the merits of the case. Tell her why you want to talk to the prosecutor. (These people have the keys to the prosecutor's office...literally and figuratively...so be nice.)


Q: Do I just call and make an appointment?

A: See above.



Worst case scenario: If the DA will not agree with the continuance, then file your motion with the court clerk. Tell her it is a matter of some urgency. Tell her nicely that you will just wait while she shows it to the judge. Remind her that no judge ever got reversed for giving a continuance.
 

PhxGuy520

Member
Q: Any chance of you answering a question without passing judgment?

A: No. Get over it; consider this a discussion between someone who knows something and is willing to give you the benefit of his wisdom and you (who need to know something). Quit whining and listen.



Q: How would I go about getting in front of the DA?

A: I would dress clean and nice and go to the DA's office. Ask politely if you can talk to the prosecutor who is handling your case. Be prepared with the case number, court division, etc. The prosecutor may not be assigned yet. In any event, tell the receptionist/secretary that you do NOT want to discuss the merits of the case. Tell her why you want to talk to the prosecutor. (These people have the keys to the prosecutor's office...literally and figuratively...so be nice.)


Q: Do I just call and make an appointment?

A: See above.



Worst case scenario: If the DA will not agree with the continuance, then file your motion with the court clerk. Tell her it is a matter of some urgency. Tell her nicely that you will just wait while she shows it to the judge. Remind her that no judge ever got reversed for giving a continuance.

Any chance you know of a template I could use?
 

seniorjudge

Senior Member
Any chance you know of a template I could use?
In the [name of court] in a for the county of [name of county], state of [name of state]


State of Arizona [or whatever state]

v

[Your name]


Case number: [case number]
Division: [division number]

MOTION FOR CONTINUANCE

My name is [your name] and I am requesting a continuance for thirty (30) days from the date of [date and time]. At that date and time, I am scheduled for [what you are supposed to be in court for].

My reason for a continuance is [briefly state FACTS why you want a continuance].

[name of prosecutor] has agreed not to oppose this continuance and has signed below.

[sign and print your name and all contact information]


Agreed not to oppose this motion: [where the DA signs and prints all his contact info]

So ordered:

[line for judge's signature and his name printed]

Said cause continued: [leave a blank line]
 

PhxGuy520

Member
In the [name of court] in a for the county of [name of county], state of [name of state]


State of Arizona [or whatever state]

v

[Your name]


Case number: [case number]
Division: [division number]

MOTION FOR CONTINUANCE

My name is [your name] and I am requesting a continuance for thirty (30) days from the date of [date and time]. At that date and time, I am scheduled for [what you are supposed to be in court for].

My reason for a continuance is [briefly state FACTS why you want a continuance].

[name of prosecutor] has agreed not to oppose this continuance and has signed below.

[sign and print your name and all contact information]


Agreed not to oppose this motion: [where the DA signs and prints all his contact info]

So ordered:

[line for judge's signature and his name printed]

Said cause continued: [leave a blank line]
Thank you so much. Is there a form for "drop the charges cause SenorJudge said so"? ;)
 

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