Can I change a court date if I have not found legal representation yet? 48 Answers as of September 14, 2012

My court date for a DUI is coming up soon and I have not been able to find any legal representation due to my employment status.. Can I have the court date changed so I can have some sort of help with my case in court?

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Anderson Law Office
Anderson Law Office | Scott L. Anderson
Some counties will allow one reset date and others will make you appear and make the request. Get representation asap.
Answer Applies to: Minnesota
Replied: 9/14/2012
Law Office of Michael E. Dailey
Law Office of Michael E. Dailey | Michael E. Dailey
You will need to request a continuance from the court and explain you circumstances to the court to get the continuance. It should be granted for one extension.
Answer Applies to: Missouri
Replied: 9/7/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
You can ask the judge politely and explain your good reason for deserving a postponement without a lawyer.
Answer Applies to: Pennsylvania
Replied: 9/7/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You can ask the court for additional time to retain counsel and the court may provide same. Otherwise, if the court willnot put the matter off you should request court-appointed counsel.
Answer Applies to: Alabama
Replied: 9/7/2012
Conway Law Pllc.
Conway Law Pllc. | B. L. Conway
You better go in there son & tell the Court your problems. It will appoint you an Attorney.
Answer Applies to: Virginia
Replied: 9/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should Google "DWI lawyer" in your city and call 10 lawyers and try to find one with a flat rate and who will take a small retainer of $300 and let you make payments. Call my office for a referral as well. If you do not qualify for a Legal Aid lawyer the judge will give you an adjournment to retain a lawyer, he has no right to deny that request. I handle DWI cases for around $1,000 and many lawyers will take $300-500 as a retainer and let you pay $100 a month so that it is affordable and easier to fit in your budget. Other lawyers charge $3,000-$5,000 for a DWI, especially if it is a felony or going to trial. I doubt that you called enough lawyers to find the right one or knew enough to properly negotiate a low fee. Smart people negotiate for the best deal, others just take what comes along.
    Answer Applies to: New York
    Replied: 9/7/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    It is good cause to ask for a continuation in order to find an attorney. However, the court can limit the amount of time you have to do this.
    Answer Applies to: California
    Replied: 9/7/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No. You still have to appear. It is then up to the judge to continue the hearing and give you a new court date. It will be continued, but must be done on the record. If you don't appear a warrant will issue.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You will need to contact the judge, the court clerk and / or the prosecutor to get permission to change the date.
    Answer Applies to: Kansas
    Replied: 9/7/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    We continue matters for client all the time. You would have to appear to continue the matter.
    Answer Applies to: Nebraska
    Replied: 9/7/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You might get a brief adjournment but your license may get suspended.
    Answer Applies to: New York
    Replied: 9/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    You can ask the judge at the time of your court date to continue your arraignment. It will be up to the judge whether to grant your request.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    The case may be postponed. You should be prepared to go to court with a list of the efforts that you made to try to obtain counsel or be prepared to for the judge to give you a hard time.
    Answer Applies to: New York
    Replied: 9/7/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You have to appear at the court date, but at that time you can request a continuance to hire private counsel.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    You should show up on your court date and ask the court there for a continuance in order to retain counsel. The court should agree to a continuance as long as it believes you truly are seeking legal representation and are not just looking for a reason to stall. After you get the continuance, you will need to make efforts to get a lawyer. If things get dragged out too long, the court may insist you accept the public defender.
    Answer Applies to: California
    Replied: 9/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Request a continuance before the court upon your first appearance before it. ?In virtually every case, the judge will allow you extra time to hire private counsel, but be sure to have one on the follow-up court date.
    Answer Applies to: Illinois
    Replied: 9/7/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You should call the court and advise of your situation. You will probably get a brief adjournment. You can give me a call about representation to see whether we can come to some kind of fee agreement which we can both live with.
    Answer Applies to: New Jersey
    Replied: 9/7/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The right way to handle it is to go into court on your scheduled date and tell the judge that you need more time do to financial reasons. It wouldn't hurt if you already spoke to the attorney that you think you will hire and got some dates from him/her for the next appearance. That way the judge will know that you are serious and it will get things moving along for you as well. You don't want to drag your case on forever.
    Answer Applies to: Massachusetts
    Replied: 9/7/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    You can call the prosecutor and the court to request an adjournment. If that doesn't work, then you can show up to the hearing and request an adjournment from the judge to obtain counsel. Chances are the judge will either grant the adjournment or will appoint counsel for you.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Clinton Law Office | Michael Clinton
    You can request the court grant you a continuance to allow you more time to obtain legal representation.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You can tell the Judge you are trying to find a lawyer and he/she will most likely give you a 1-week continuance to secure same
    Answer Applies to: New Jersey
    Replied: 9/7/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes. You may be able to make a direct request to the court administrator's office to have the date changed. If the court administrator will not change the date, just appear in court and ask the judge to give you additional time to find an attorney. The judge would rather see you represented by counsel than have you appear alone.
    Answer Applies to: Minnesota
    Replied: 9/7/2012
    Lee Law Group | Ernest Lee
    Yes, you can change your first court date once in San Diego County and I think in most counties in California .
    Answer Applies to: California
    Replied: 9/7/2012
    Steven Alpers | Steven Alpers
    No. You will have to go there and request more time.
    Answer Applies to: California
    Replied: 9/7/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    It doesn't hurt to ask. Alert the judge to the financial difficulties you are having. You may be eligible for a court appointed attorney. If not, some judges may be willing to give you more time to adequately find your own lawyer.
    Answer Applies to: Utah
    Replied: 9/7/2012
    John C. Schleiffarth, P.C. | John C. Schleiffarth
    You can call the court clerk and ask. You will likely need approval from the other side, and that is unlikely if you do not have a lawyer.
    Answer Applies to: Missouri
    Replied: 9/7/2012
    Mary W Craig P.C. | Mary W Craig
    You can file a motion to continue with the judge, saying you have been trying to find legal representation but have been unable to hire someone. If you mean by your employment status that you are unemployed, tell the judge you want a court-appointed attorney.
    Answer Applies to: Alabama
    Replied: 9/7/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    It's more difficult but tell the court you are in the process of hiring an attorney the court can't deny you representation of your choice.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You must appear for you court date. However, the court should allow you to continue your hearing to obtain counsel. In exchange, the court may ask you to waive your speedy trial right. Under the US Constitution, you have the right to a speedy and public trial. Under the Washington State Constitution and court rule, you have a right to be brought to trial within 60 days if you are in custody on the charge to be tried and 90 days if you are out of custody on the charge. By waiving your speedy trial rights, you are agreeing to put the speedy trial clock on hold and to reset the clock on a date certain. You should also be aware that Washington has a Modest Means Program for people of limited income. If you make too much money for a public defender, but not enough to retain private counsel, there is a middle ground that may work quite well for you.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    You will have to go to court and ask to continue the court date and probably have to review and sign a time for trial waiver. Most courts will allow at least one continuance under the circumstances you have described in your question.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You have to show up in court but you can ask for more time to get an attorney or you can ask for an appointed attorney.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Probably. Call the Court Clerk's office and explain. Try do do so as soon as possible
    Answer Applies to: New Jersey
    Replied: 9/7/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You will have to ask the Judge for an adjournment. What does your employment status have to do with this unless you are saying you can't afford a lawyer.
    Answer Applies to: New York
    Replied: 9/7/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In NH, you can file a motion to continue asking the court to reschedule your trial in order for you to hire an attorney. You can also contact the prosecutor to see if he assents to your request prior to filing the motion to continue.
    Answer Applies to: New Hampshire
    Replied: 9/7/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes. You have a right to attorney of your choice. Continue the arraignment.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to tell the Judge to continue your hearing. Most Judges will do this if your reason is to obtain representation. Don't forget to let the DMV know you are trying to obtain representation, otherwise they will suspend your license.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes - you will have to appear in court on your court date. What you will want to request is to continue the arraignment, rather than enter a not guilty plea and continue the case. You have certain speedy trial rights that begin once you enter a plea, so continuing the arraignment preserves those rights. Most judges will give you 2-4 weeks to hire an attorney.
    Answer Applies to: California
    Replied: 9/7/2012
    Joshua Price | Joshua Price
    Yes. You must show up in Court and ask the judge for a continuance based on the fact you are seeking out legal representation. Depending on the Judge and County you are likely to get at least one continuance to seek out counsel.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Offices of Christopher L. Hoglin, P.C.
    Law Offices of Christopher L. Hoglin, P.C. | Christopher L. Hoglin
    Yes. Just go to court on the date your citation lists, and inform the Court that you wish to retain private counsel. The Court will more than likely give you a new date to return to Court for your arraignment, and to return with your attorney.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    You need to file a motion to continue, unless it is the arraignment, in which case, you must go and plead not guilty. If you have already done that, you are risking being forced to go to trial unprepared. You need to set your priorities and get an attorney immediately.
    Answer Applies to: Maine
    Replied: 9/7/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you go to the court date, and tell them you need more time, they will schedule another court date for you, in order to give you time to locate a lawyer. But be sure to go to the first court date, because if you don't a warrant will be issued for your arrest. Also, depending on your financial circumstances you might qualify to be represented by a public defender (for free). Ask about the process of getting one when you go to court.
    Answer Applies to: Colorado
    Replied: 9/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Engage an attorney asap and have them request an adjournment, otherwise you may rely on appointed counsel (which you will still have to pay for eventually) and remember, you get what you pay for.
    Answer Applies to: Michigan
    Replied: 9/7/2012
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