What can I do stop my defendant from postponing trial date again?

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What can I do stop my defendant from postponing trial date again?

My court date was postponed due to my defendant stated his mother was very sick and had to travel out of country for her last wishes. that was a lie, someone I know from his work, saw him at work and did not travel out of country. What you do if you were me?

Asked on June 19, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If he tries to postpone it in advance of the trial, by written motion, file papers in opposition to the motion; to those papers attache a certification (basically, an affidavit) from you that based on information and belief, defendant had misrepresented his last adjournment. Also get a certification from the person who saw him, that they personally have knowledge that he did not leave  the country.

If he tries to adjourn it the day of the trial, orally to the judge, object to the judge and explain your reasons clearly; offer to get a certification from your friend/associate testifying that the defendant never left, or to bring the person in to testify.

Also, when you object to an adjournment, note that defendant has already adjourned once--judges don't like it when people keep adjouning.


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