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lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25387
Experience:  Practicing criminal defense attorney
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How do I request a delay in a criminal trial.

Customer Question

I was arrested and charged with domesic violence. It the pretrial they said if I plead I could take a few classes and it would be dismissed from my record. I said no, I wanted a trial with a judge. The charge is not true. A few questions but will stick to this
I have not hired an attorney yet. Thinking of defending myself. My trial is next week. I was arrested because police said she had red marks on her arm and said i grabbed her arm. The next day she filed a dvi and said i grabbed her neck and said nothing about the arm. The marks on her arm were because she was attacked my 23 year old son the night before this incident. He will testify he grabbed her to get her off, and my 21 will testify he saw this too.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  lwpat replied 8 years ago.

Sounds like it will be a he said she said situation. The problem is that the woman usually wins in these situations. I assume the sons are not hers so they will be considered to be biased. There is no way to tell what will happen at trial or if they will grant you a continuance. What the police officers say will be the most important testimony. Have you gotten a copy of their report?



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Customer: replied 8 years ago.

the sons are hers. the police report says that she says I grabbed her arm and they noticed it appeared it had been grabbed. both sons will say my one son grabbed the arm the night before. both sons will also say she has a history of making things up. police were called to house 911 calls at least 3 times prior to this -- all where she called and said i was hurting her. when police arrived my sons verified i was either gone or with them past several hours. much more mental health issues I won't elaborate on now.

what is the process I do to try to get a continuance? Where do I go? What will I be expected to provide as a reason for continuance

Expert:  lwpat replied 8 years ago.

To request a continuance you will need to contact the clerk of court. If her sons testify you should be OK since they would not be considered biased. If she has a history of mental health issues you can ask them about it as part of their testimony. If you were cleared in the police report I don't see why they are taking it to trial. You and the sons may want to go in and talk to the prosecutor if you can't afford an attorney.


If I have answered your question, an accept and positive feedback is appreciated. Thanks!!!!