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Notice to Appear--Informal Hearing in Michigan

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mringnal

Junior Member
I am a Michigan resident who received a citation for disregarding a red light in late December. I have scheduled a court date and intend to plead not guilty. I have done a lot of research and believe I have a good case that will result in a not guilty verdict. My court date, according to the Notice to Appear that I received in the mail, is scheduled for this Thursday, 2/2/06. Yesterday, 2 days before my court date, I received a message on my home phone telling me that the court would like to reschedule the hearing because the officer cannot make the scheduled hearing time. The message indicated that I would receive notification in the mail in the next week. I want to know if I am within my rights to appear for my originally scheduled date and time and expect a hearing. I would then expect the case to be dismissed since the officer is unable to appear. It seems to me an official notice to appear is more legally binding than a phone message. Plus, getting off work for the scheduled time was a hassle to begin with.
 


sukharev

Member
The phone message is a curtecy, and you will get appropriate notice in the mail. Both you and the government are entitled to continuances, when good cause is shown. Don't even try to show up in court and ask for dismissal, you would only angry the judge (if you even get to speak to him).
 

mringnal

Junior Member
Continuances...

It is understandable that the court is entitled to a continuance just as the defendant, but are there guidelines regarding the timing of the request for continuance? 48 hours prior to the scheduled date, if nothing else, is discourteous to the defendant, and the revised notice proceed wasn't in the mail the day before the scheduled hearing was to take place. It just seems that an official notice to proceed would trump a voice message, since I haven't received any official documentation of the continuance.
 

Ohiogal

Queen Bee
mringnal said:
It is understandable that the court is entitled to a continuance just as the defendant, but are there guidelines regarding the timing of the request for continuance? 48 hours prior to the scheduled date, if nothing else, is discourteous to the defendant, and the revised notice proceed wasn't in the mail the day before the scheduled hearing was to take place. It just seems that an official notice to proceed would trump a voice message, since I haven't received any official documentation of the continuance.
You are going to get official notice. They were trying to be nice to you and give you a phone message to inform you that official notice is on its way. The police office informed the court before the hearing and requested a continuance which apparently was granted. You have to request a continuance before the hearing time. Then it is up to the judge to determine whether or not it is granted.
 

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