Can I ask the judge on my trial for a postponement so I can obtain the public defender?

Asked about 1 year ago - Chevy Chase, MD

I was informed I have to request the PD within 10 days before my trial. I assumed 10 calaender days, not business days do on Friday the PD office told me its too late. I cant afford an attorney and I hope I can have this postponed.

Attorney answers (4)

  1. Bennett James Wills

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You can ask for a postponement but it may not be granted. That's the risk you take. If it's your first time in court, then you have a better chance than if it's the 5th time you've been. Depending on your circumstances, it may be within your best interest to hire a private attorney.

    www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for... more
  2. Mark William Oakley

    Contributor Level 18

    2

    Lawyers agree

    Answered . Show up with the PD application or proof you went there, explain the circumstances, also explain your employment/financial issues (and why you do not have a job). There will be an Assistant PD somewhere around the courtroom, and they may be willing to step up when your case is called to confirm that you did come in and that you would qualify financially...meaning the next time they would be representing you if the court grants the continuance. As a fall back position, in the event you are unhappy with the result of the trial or plea/sentence, you have 30 days to appeal to the circuit court, which will give you a whole new trial or plea (your option) in front of a different judge, the result of which will replace whatever happens in district court. Good luck to you.

  3. Daniel Knight Dinneen

    Contributor Level 13

    2

    Lawyers agree

    Answered . You can always ask, whether they yes--on the other hand--is an entirely different question.

    If you do decide to ask, however, I would suggest changing your explanation for why you missed the deadline. 10 calendar days is a shorter period of time than 10 business days every time. So it makes no sense to say that you missed the deadline because you assumed it was 10 calendar days.

    Moreover, any time you tell anyone (especially a judge) that you "assumed" something, you can be 99% positive that their response will be . . .

    Anyone? Anyone? (Bueller?)

  4. Brandy Ann Peeples

    Pro

    Contributor Level 19

    Answered . You can always ask for a postponement -- you may not get it.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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