Thursday, December 15, 2011

Can I Deny a Motion to Reschedule My Court Date?

I received a speeding ticket and plead not guilty. Now they sent me a motion to move the scheduled date to a later date because the Trooper can;t make it. Can I deny the motion and keep the same date?|||You can't but the judge can.|||Yes, you can oppose the motion. However, a judge will decide whether or not to grant the motion and can even set it for oral augment.





Most first continuances are granted as a matter of course and it may be that in your jurisdiction, each party has a right to be granted at least one motion to continue.





Check with a local lawyer to know for sure.|||You can't deny it, but you can refuse to consent on the basis that you have a right to a speedy trial. Then the Judge will decide whether the matter should be adjourned to a later date or not, given the circumstances presented by you and the prosecutor making the motion.|||You can oppose it, and then the court will decide whether to grant or deny the motion. Similarly, if you file a motion for something, the prosecutor can oppose it, and the court can grant or deny it.|||Only a judge can deny the motion.

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