What is continuance?
If you have assigned a traffic ticket and you have decided to challenge it in the court, you may need to find an experienced attorney to prepare your case and to help with your defensive strategy, but finding an attorney may take time so under New Jersey state law the court will offer a chance of you to demand a continuance. The defendant or the prosecution both the parties may apply for the same.
What should be the base to apply for continuance?
Continuance is normally granted by the court if applied by a defendant since the applicant should have effectively ready his or her situation before starting the hearing. But if you apply for Continuance you will be granted if legitimate reasons are available that rationalizes the postponement of the hearing. They may be many reasons some of them are -
Since the applicant should have effectively ready his or her situation before starting the hearing.If you are sure that you haven't violated any traffic rules you were blaming for then you need time to collect proof to prove your innocence before the court.If you can't appear before the court on the hearing date due to legitimate reasons like business tour, important meeting, school or health issues A continuation may be offered for the random reduction or the devastation of documents for which the candidate for the continuation was not accountable for their reduction or loss.When none of the parties are t present in the court or the unavailability or the death of the judge then an automatic continuation will be given.A continuation is provided when it is in the favour of justice to wait for the next proceeding and where the interests of the parties are carefully relevant, such as in situations working with Vicarious Responsibility.When the parties acceptance to or demand a postponement of a case, a judge will allow a continuation only if their contract satisfies its acceptance.
According to the New Jersey dui lawyer should be cautious while applying for this as there are also some drawbacks of applying continuance. Subsequent continuances desired by the applicant are examined carefully by a judge because there is a possibility that they are desired for dragging purposes. However, if you demand several continuances only to delay results, there may be adverse effects. Likely, the official will recognize what you are doing and make sure your appearance. The judge or jury will be extra cautious as to think you are wasting the court's time and resources.
How to apply for continuance?
To demand a continuation, you should contact to the clerk of the related court either by going individually or by phone. But a knowledgeable New Jersey dui lawyer advised to drop a mail. In this way, you have evidence that a request was created. Once the request is created, it is up to the judge to either accept your request or to refuse it. You should apply for the continuance as soon as possible, but you should apply for the continuance before the two weeks of the trial date as mentioned on the ticket or notice. An experienced lawyer can help you to postpone your trial date and to obtain more time for your grounding.
Atul is author of countless articles on a myriad of different topics. He represents Njticketattorney new jersey dwi attorney that offers SERVICES OR PRODUCTS OR SPECIALIZATION.
Aucun commentaire:
Enregistrer un commentaire