Can I postpone my arraignment for DUI court hearing? Pasadena, CA. court

[keechee1]

California.

I have my arraignment (first appearance date on ticket) in Pasadena on October 2nd for a misdemeanor (DUI related) and a traffic offense - same ticket. My question is can I postpone this arraignment hearing to a future date, since I have a conflict on the same day/time? Again, postpone further into the future - not sooner.

Is this possible and what needs to be done. Thank you.

 

[Zigner]

California.

I have my arraignment (first appearance date on ticket) in Pasadena on October 2nd for a misdemeanor (DUI related) and a traffic offense - same ticket. My question is can I postpone this arraignment hearing to a future date, since I have a conflict on the same day/time? Again, postpone further into the future - not sooner.

Is this possible and what needs to be done. Thank you.

Your attorney should be able to help with this matter.

ETA: It would be better to keep your questions about this matter in the same thread: https://forum.freeadvice.com/drunk-driving-dui-dwi-27/dui-first-offense-monrovia-ca-8-3-2014-a-608110.html

 

[keechee1]

Your attorney should be able to help with this matter.

My attorney is only involved up to the DMV hearing so let's omit the attorney portion.

So, let me repeat my question and hope to get a detailed answer and not kicking it back to my soon to be gone attorney. When I call the court, they say no, it may be held sooner but not later. That's the local clerks answer. My attorney said yes it can be delayed. To go about how, he wants to be compensated and I am out of funds. I have my arraignment (first appearance date on ticket) in Pasadena on October 2nd for a misdemeanor (DUI related) and a traffic offense - same ticket. My question is can I postpone this arraignment hearing to a future date, since I have a conflict on the same day/time? Again, postpone further into the future - not sooner.

Is this possible and what needs to be done. Thank you.

 

[Zigner]

My attorney is only involved up to the DMV hearing so let's omit the attorney portion.

So, let me repeat my question and hope to get a detailed answer and not kicking it back to my soon to be gone attorney. When I call the court, they say no, it may be held sooner but not later. That's the local clerks answer. My attorney said yes it can be delayed. To go about how, he wants to be compensated and I am out of funds. I have my arraignment (first appearance date on ticket) in Pasadena on October 2nd for a misdemeanor (DUI related) and a traffic offense - same ticket. My question is can I postpone this arraignment hearing to a future date, since I have a conflict on the same day/time? Again, postpone further into the future - not sooner.

Is this possible and what needs to be done. Thank you.

I would suggest that you find a way to get an attorney.

 

[quincy]

California.

I have my arraignment (first appearance date on ticket) in Pasadena on October 2nd for a misdemeanor (DUI related) and a traffic offense - same ticket. My question is can I postpone this arraignment hearing to a future date, since I have a conflict on the same day/time? Again, postpone further into the future - not sooner.

Is this possible and what needs to be done. Thank you.

It is possible to submit a written waiver requesting a different arraignment date but it must be approved by the judge.

Otherwise you must appear at your arraignment for a DUI offense (an attorney cannot appear on your behalf). If you do not appear at the arraignment, a bench warrant can be issued for your arrest. Should a bench warrant issue, you will then have added to your misdemeanor another misdemeanor charge.

I don't know what conflict you might have on the same day or at the same time as your arraignment but I cannot imagine the failure to appear there would result in consequences as harsh as those you face should you fail to appear at your arraignment.

I suggest you find legal assistance in your area. Borrow funds if necessary.

 

[FlyingRon]

Well, it doesn't become criminal until you willfully do not appear within 14 days of your scheduled date.

You need a lawyer anyhow. A lawyer will have no issue getting the thing scheduled and the court is more likely to grant requests based on the lawyers scheduling request than on yours.
Lawyers are allowed to have conflicts, as far as the court is concerned THEY ARE the most important thing in your life at this point.

 

[CdwJava]

Yes, it CAN be delayed. But, if you do not know how to file a proper motion for a continuance with the court, you will either need to appear in court as directed, or, pay another attorney to do that particular work for you.

You can also see about appearing before the court to claim indigence and ask for court-appointed counsel. If permitted, that might allow you to continue the matter as well.

So, while the matter CAN be delayed (i.e. "continued") if you do not know how to do this, you are stuck.

 

[keechee1]

Thanks for the replies. Here is more info:

My court hearing is at 8:30am. My DMV hearing is at 3:30pm - the same day.

I want to know the outcome of the DMV hearing based on my lawyer cross examining the cop and reviewing all the discovery data, possible bad stop, etc. and providing his opinion of all the facts, which will determine what I do next in the criminal part. Obviously his opinion is not available prior to the arraignment, and the DMV hearing cannot be stepped up.

So, my lawyer indicated I can get a continuance for up to 2 weeks by stating in person at the arraignment I am not sure of hiring a private attorney or going with a public defender. I need the additional time to make this decision as I have no funds and am pursuing what to do. This is his advice.

Any comments? At the end of the day, I want to know my options based on the outcome of the DMV hearing. If the lawyers opinion is a bad stop, with all subsequent items should be suppressed, etc. then that indicates one strategy to be fought and pursued. On the other hand, if the lawyer's opinion is I am full of bull and guilty, well that's the other avenue. I just want to know which is what outcome.

Comments? This will occur on October 2nd - in a few days. Thank you.

 

[quincy]

Thanks for the replies. Here is more info:

My court hearing is at 8:30am. My DMV hearing is at 3:30pm - the same day.

I want to know the outcome of the DMV hearing based on my lawyer cross examining the cop and reviewing all the discovery data, possible bad stop, etc. and providing his opinion of all the facts, which will determine what I do next in the criminal part. Obviously his opinion is not available prior to the arraignment, and the DMV hearing cannot be stepped up.

So, my lawyer indicated I can get a continuance for up to 2 weeks by stating in person at the arraignment I am not sure of hiring a private attorney or going with a public defender. I need the additional time to make this decision as I have no funds and am pursuing what to do. This is his advice.

Any comments? At the end of the day, I want to know my options based on the outcome of the DMV hearing. If the lawyers opinion is a bad stop, with all subsequent items should be suppressed, etc. then that indicates one strategy to be fought and pursued. On the other hand, if the lawyer's opinion is I am full of bull and guilty, well that's the other avenue. I just want to know which is what outcome.

Comments? This will occur on October 2nd - in a few days. Thank you.

First, you should follow your attorney's advice and not rely on any advice provided on this forum that differs from that offered by your attorney.

That said, your attorney could have recommended that you plead "not guilty" at your arraignment, instead of requesting a continuance, because with a not guilty plea a new hearing will be scheduled.

After the arraignment on your DUI, you can attend the DMV hearing.

The time between the arraignment on your DUI and the next hearing scheduled for your DUI can be used to consult with your attorney or find an attorney (if indigent, at your arraignment you can request a public defender). You can then plan your defense "strategy" based on what you learn at the DMV hearing.

But, again, follow the advice and direction of the attorney in your area who has reviewed the facts of your situation.

Good luck.

 

[keechee1]

Because I am an ethical person, I need to issue a retraction on a poorly worded sentence that appears earlier in this email thread. This phrase: "To go about how, he wants to be compensated" is inappropriate and not worded properly.

My attorney has been doing a wonderful job on the DMV portion he was hired for. Anything outside of this scope, such as the criminal portion, is of course, above and beyond. For that, he should be adequately compensated. Absolutely!

He has provided excellent advice and I did not wish to portray him in a negative light. Hopefully this update clears up the matter as it was not intended to be something less than positive.

 

[quincy]

Because I am an ethical person, I need to issue a retraction on a poorly worded sentence that appears earlier in this email thread. This phrase: "To go about how, he wants to be compensated" is inappropriate and not worded properly.

My attorney has been doing a wonderful job on the DMV portion he was hired for. Anything outside of this scope, such as the criminal portion, is of course, above and beyond. For that, he should be adequately compensated. Absolutely!

He has provided excellent advice and I did not wish to portray him in a negative light. Hopefully this update clears up the matter as it was not intended to be something less than positive.

What a nice breath of fresh air your post is, keechee1.

On this forum, we often hear about how horrible attorneys are so it is nice to hear from someone who actually appreciates their attorney.

How did your court hearings on your DUI and with the DMV go today? You managed to make both of them?

 

[keechee1]

What a nice breath of fresh air your post is, keechee1.

On this forum, we often hear about how horrible attorneys are so it is nice to hear from someone who actually appreciates their attorney.

How did your court hearings on your DUI and with the DMV go today? You managed to make both of them?

DMV hearing went fine - will wait for opinion without putting too many details here (will wait until this entire issue is resolved). Court hearing resulted in 2 week arraignment delay so I can decide on lawyer or Public Defender. More to follow once concluded.

 

[quincy]

DMV hearing went fine - will wait for opinion without putting too many details here (will wait until this entire issue is resolved). Court hearing resulted in 2 week arraignment delay so I can decide on lawyer or Public Defender. More to follow once concluded.

You are smart to wait for all to conclude. Please return to let us know how everything works out for you.

 

[CdwJava]

Keep in mind that the issues raised in a DMV hearing may have little or nothing to do with how the DUI criminal proceedings go. The DMV process is not a court of law, and they have procedural rules that they must follow that are not always in line with the law that will apply in court. It is entirely possible to prevail at a DMV hearing and lose at trial - and vice versa. The only real value of a DMV hearing so far as it relates to the DUI trial is that it might give the defense counsel some idea of the officer's ability to articulate his observations, and - if the hearing officer and arresting officer allow it - the defense might be able to tie the officer into a story that the defense might be able to capitalize on later.

Most CA DMV hearings are quick and simple and are very limited in scope. A good hearing officer will keep it from being a defense attorney fishing expedition and keep the matter focused on the issues at hand.

 

[keechee1]

Keep in mind that the issues raised in a DMV hearing may have little or nothing to do with how the DUI criminal proceedings go. The DMV process is not a court of law, and they have procedural rules that they must follow that are not always in line with the law that will apply in court. It is entirely possible to prevail at a DMV hearing and lose at trial - and vice versa. The only real value of a DMV hearing so far as it relates to the DUI trial is that it might give the defense counsel some idea of the officer's ability to articulate his observations, and - if the hearing officer and arresting officer allow it - the defense might be able to tie the officer into a story that the defense might be able to capitalize on later.

Most CA DMV hearings are quick and simple and are very limited in scope. A good hearing officer will keep it from being a defense attorney fishing expedition and keep the matter focused on the issues at hand.

CdwJava: You are absolutely correct in your reply, and this is known to me. To be intentionally vague, today's DMV data, is future defense strategy where it really matters - at the courthouse.