QUESTION
Can my attorney cancel trial that was set 16 October without my full agreement?
Asked on Oct 17th, 2012 on DUI/DWI - California
5 ANSWERS
Michael J. Breczinski
The lawyer can get the trial adjured for lots of reason but not because you did not agree to the date. The court sets trials not you.
Answered on Oct 22nd, 2012 at 11:26 PM
John J. Carney
Your attorney can schedule the trial according to his availability and the judge will allow an adjournment if he has other trials that precede yours.
Answered on Oct 19th, 2012 at 9:07 PM
1 Award
That depends. Yes, your attorney can postpone a trial until later, even if you don't want to postpone it. However, an attorney cannot force you to take a plea or deny you the opportunity to eventually have your day in court.
Answered on Oct 19th, 2012 at 6:25 PM
Probably, because part of having an attorney is trusting him/her to do what is best for you. If the attorney feels unprepared, or for strategic or discovery reasons a trial should be postponed, he/she has the discretion to do that.
Answered on Oct 19th, 2012 at 3:54 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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A trial can be continued, even over your objection, under certain circumstances. However, make sure your objections are known on the record in case there is an issue on appeal.
Answered on Oct 19th, 2012 at 1:06 PM