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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Applying for a postponement re court appearance Wednesday

Resolved Question:

Applying for a postponement re court appearance Wednesday 23/4/14
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, my name is XXXXX XXXXX I can assist you with this.

tdlawyer :

What would you like to know about the postponement of a court appearance?

Customer:

Hello Tony

tdlawyer :

Hello and good morning!

tdlawyer :

So how can I assist you this morning?

Customer:

Hello

tdlawyer :

Hello. Are you able to see this post?

Customer:

Yes

Customer:

Have you seen my post?

tdlawyer :

Yes, but all your posts says is "applying for a postponement re court appearance Wednesday 23/5/14"

tdlawyer :

I need to understand what your question is please.

Customer:

am worried. Court appearance due 1st case this Wednesday.

tdlawyer :

Okay. Tell me a little bit more about it.

Customer:

ive not had enough time to give my defence solicitor info he does not have at the moment.

tdlawyer :

What kind of hearing is this? In which court is it?

Customer:

Unbeknown to me he went off on hols 17 april (the day I phoned the firm with a view to meeting up with him regarding new info & getting CCTV footage for the TRIAL at the MAGISTRATES COURT

tdlawyer :

Is there nobody else at his firm that A) knows anything about your case or B) can make an urgent application to the court for an adjournment on your behalf?

Customer:

Managed to get an appointment with him at 4.30pm tomorrow (tuesday) Really poor service (IMV)

tdlawyer :

Yes, to go away at such a critical stage and not inform you isn't very good. However, I assume he has instructed a barrister to attend on your behalf?

tdlawyer :

Okay. There is little you can do in all reality prior to the appointment tomorrow. The sensible thing to do is to go to that appointment, raise your concerns with the solicitor about not all information being with him, and see what he (or the barrister) says about that. If he considers the information to be crucial, then he can appear at the court Wednesday morning to request an adjournment.

tdlawyer :

Obviously, this is not ideal, it is all very last minute. But nobody can change that right now.

tdlawyer :

It might be that the information you are thinking about is not crucial, and that the trial can therefore proceed without any concerns. If that is not possible, they your solicitor would be best placed to make the application before the court on Wednesday morning, whilst being prepared to proceed if the court insists upon that happening.

Customer:

"Is there nobody...." Seems not ,Im afraid. b) make an urgent application to the court.......for adjournment on (my) behalf. .If only!! There is NO barrister, solicitor will be there but its all to rushed for him /myself to digest info he should have if he does the job properly! OK so you say he can appear....to request an adjournment WEDNESDAY. Is n't that too late for the court & prosecution.

tdlawyer :

You might have heard in the press etc. about the prosecution often getting adjournments on the day of the trial. It is not impossible to do this, that the court should weigh up the reasons for it quite carefully.

tdlawyer :

The cover yourself as best you can, I would suggest you put your concerns and issues in an e-mail to your solicitor and send it to him immediately. At least that way, if he believes you have raised something that will necessitate an adjournment (without doubt), then he can make a request before even seeing you at 4:30pm.

Customer:

There,s so little time left. Ive an appointment at 4.30pm tomorrow, the only available appointment

tdlawyer :

Yes, there is nothing you can do about that. But, by e-mailing him in advance, he will get the chance to see it well before your appointment.

tdlawyer :

That means he can act on it, if necessary, before your appointment.

Customer:

no doubt he will want to go home before all issues/ info can be discussed etc.plus we needed certain police info & other info from a firm of solicitors dealing with civil cases for myself. Unless he shapes up neither can be sought at this late stage! thanks for the advice, Ill email him today, he'll get in the morning. I'll mention to him your excellent advice, & that he needs to "necessitate an adjournment"

tdlawyer :

Thank you and I wish you the very best with this!

Customer:

What about the prosecution? will they be able to raise issues re the adjourment/ postponement?

tdlawyer :

They will be able to raise them yes, but that is where the judge needs to use his common sense and be reasonable.

Customer:

If only you knew the full story!!! It is my next door neighbour who has charged me,& another one on June 2nd. Im an OAP btw, these people are a gang who use the police to carry out their wishes.

tdlawyer :

Oh dear, it sounds an utter mess. I dont know it all of course, but to me you seem very reasonable, and I hope the court see this in you too on Wednesday.

tdlawyer :

Is there anything more I can answer for you (I have to leave shortly).

Customer:

How they will react is a worry. We dont communicate (their chose)

Customer:

Many thanks for your help. It has really given me hope & put my mind to rest for a while.

Customer:

Ermmmm

Customer:

lots of jealously there,they found an easy target.

tdlawyer :

Well I wish you well - all the best to you and try and do that email to your solicitor this evening.

tdlawyer :

Thank you again - take care!

tdlawyer :

I have to go now - goodbye!

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