Can I change a court date if I have not found legal representation yet?

Question

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?

Robert Sisson · Answer

Yes. Most judges will give u ample leeway to allow u to hire an atty.

Michael Nichols · Answer

It depends on the judge's approach and attitude.

Terry Nelson · Answer

Ask for more time from the judge and be prepared to explain your good faith efforts to find counsel.  The only help you will get in court is advice to hire an attorney, or apply for the public defender if you can't afford private counsel.

Leonard A. Kaanta · Answer

You can file a motion for adjournment and also ask the court to appoint an attorney for you.

Timothy Klisz · Answer

Go to court and ask the judge.

Jared Altman · Answer

You might get a brief adjournment but your license may get suspended.

Eric Sterkenburg · Answer

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.

Stephen Freeborn · Answer

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.

Jeffrey Pollock · Answer

You can ask the judge politely and explain your good reason for deserving a   postponement without a lawyer.

James Edward Smith · Answer

Go in and ask for a continuance.

Francis Cowhig · Answer

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.

Philip Hache · Answer

You have to appear at the court date, but at that time you can request a continuance to hire private counsel.

Gary Moore · Answer

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.

Brian Wanerman · Answer

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.

Brandon Gardner · Answer

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.

Michael Clinton · Answer

You can request the court grant you a continuance to allow you more time  to obtain legal representation.

Ernest Lee · Answer

Yes, you can change your first court date once in San Diego County and I think in most counties in California .

Steven Alpers · Answer

No. You will have to go there and request more time.

John Schleiffarth · Answer

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.

Nathaniel Shafer · Answer

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.

Michael Morgan · Answer

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.

Michael J. Breczinski · Answer

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.

Eric Rothstein · Answer

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.

Christopher Hoglin · Answer

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.

John Brennan · Answer

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.

Joshua Price · Answer

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.

Joseph Dane · Answer

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.

Gregory Casale · Answer

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.

Jeff Yeh · Answer

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.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I change a court date if I have not found legal representation yet?

29 ANSWERS

Find Local DUI/DWI Lawyers

Helpful Resources

Ask a Lawyer