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

Chevy Chase, MD |
Filed under: Litigation

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. 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?)

  2. 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. - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.

  3. 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 for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

  4. 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.

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