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I need a sample letter asking a judge to reschedule my missed

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trial date (5/7/12). The...
I need a sample letter asking a judge to reschedule my missed trial date (5/7/12). The trial date was for a suspended license due to an unpaid ticket (ticket was for - expired emissions test). I missed the trial date on 5/7/12 to accompany my wife to visit her cardiologist due to heart issues (heart arrhythmia).
Submitted: 5 years ago.Category: Legal
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Answered in 1 minute by:
5/9/2012
Lawyer: SavyLawyer, Attorney replied 5 years ago
SavyLawyer
SavyLawyer, Attorney
Category: Legal
Satisfied Customers: 4,300
Experience: Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
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SavyLawyer :

Hello, and thank you for contacting Just Answer.

SavyLawyer :

Unfortunately, it may be a little more complicated than just writing a letter. First, there are not sample letters for what you ask, as a letter needs to be specific to your situation. As such, in a letter the details of what happened and why you are asking for a new trial date should be sufficient for the judge to consider the request (although there are no promises, no matter how it is written, that the judge will grant such a request).

SavyLawyer :

Second, generally such a request must be made by motion and before the actual trial date. Once a trial date has passed, if the judge entered a guilty verdict because the defendant failed to appear, it requires not a letter to the judge but a motion to re-open the case and have a re-trial.

SavyLawyer :

Generally, failure to appear is a consent to trial in the defendant's absence, and if the trial did proceed and the court entered a guilty verdict, as I said above it is more complicated than just asking the court for a new trial date because there is already a verdict in the case.

SavyLawyer :

You may write a letter to the judge requesting a new trial date be set, it may be that this particular court allows for less formality when making requests of the court, but, because the trial date has already passed, it would also be prudent to confirm with the court the status of the case (ie whether or not a verdict was entered), and to consult in person with a defense attorney, as they can assist you in drafting and appropriately petitioning the court to allow a re-trial if a verdict has already been entered.

SavyLawyer :

A list of attorney referral services can be found by county at:

SavyLawyer :

http://www.msba.org/public/referral.asp

SavyLawyer :

I appreciate the opportunity to answer your question, and let me know if you have any follow up questions. Otherwise, please remember to click the ACCEPT button so that I can receive credit for my work.

Customer:

The first step is the letter. Can you provide some guidance on how to structure & write the letter

SavyLawyer :

Because this an informational site only, I cannot provide specific language because that would constitute direct legal advice (Which we cannot give). What I can say is that generally such a letter can be structured like any other professional letter (name of recipient and address on the top left, then the body of the letter, then the name and address of the sender on the bottom left). The case # XXXXX the caption (State of Maryland v. your name) are generally required at the top of the letter. Finally, a brief description of the reason the date was missed, and what you are asking for (a new trial date) should make up the bulk of the letter. I would again encourage you to consult with a local attorney for specific language and to file a motion for a new trial, which as I said above may be necessary because the trial has already passed. Although speaking to staff in the court clerk's office can be very useful, they are not allowed to give legal advice, and working with an attorney will help in making sure that all proper procedures are followed.

SavyLawyer :

Let me know if you have any further questions. Otherwise, please remember to click the ACCEPT button so that I can receive credit for my work.

SavyLawyer :

Are you still there? If so, let me know if you have any further questions. Otherwise, please remember to click the ACCEPT button so that I can receive credit for my work.

SavyLawyer
SavyLawyer, Attorney
Category: Legal
Satisfied Customers: 4,300
Experience: Licensed to practice law, I have experience in dealing with a wide variety of legal issues.
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