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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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If my nephew has to appear in court on 2nd January due to a

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If my nephew has to appear in court on 2nd January due to a drink drive offence and they are unable to get a solicitor due to the Christmas holiday, can they ask for the court appearance to be postponed?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You can do that but it is not likely that it would succeed.
The first problem will be that he may not get legal aid for it anyway. The second will be that the Court will say he can use the duty solicitor at court. The third will be that despite the Christmas holiday, all criminal firms keep a means of contact in emergencies. Sadly the police stations do not close for Christmas and all criminal solicitors keep an own client and duty phone throughout.
But it is an application you can make and you may be lucky. Ultimately the truth is that the Court cannot force you to enter a plea. You are still free to refuse to indicate. They will be royally annoyed about it and may throw a tantrum and put you back to the bottom of the list. The worst they could do is direct a not guilty plea. The downside of that is that he would lose credit but that decision would be a good point for appeal. They are always making nonsense threats like that with no legal ground to do so.
Can I clarify anything for you?
Jo
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