I got a local speeding ticket answerable in a town court to which I timely pled not guilty via mail and requested a supporting deposition. The court has replied with a scheduled pre-trial conference that is less than 30 days from the date the court received the ticket reply with the deposition request. The original appearance date on the ticket was 15 days from the date the court received my reply. There is no trial date specified in the letter from the court; it states one will be set after the pre-trial conference if I refuse a plea bargain. Should I request an adjournment in hopes that the 30-day window will lapse on the deposition? Or take some other action?
(This is a New York ticket and court.) For purposes of discussion, assume a clean driving record, a person with a better than usual understanding of law and court procedure, and no reasonable attack on the evidence. Frankly, while I would readily hire an attorney off the bat if circumstances necessitated, in this case an attorney would cost more than the full freight of the ticket and there aren't enough points involved to be worth the extra money.
Most Courts will grant one ajournment request provided it is requested timely. Act fast!
Look, here's the thing. How much is your time worth? Is it worth spending 1 to 3 days in court from 2 to 4 hours each time, all the while not knowing really what you are doing, or is your time valuable enough to spend a few hundred dollars on qualified counsel to do it right AND go to court for you so you don't lose time from your life or job? In the case of our office we even give a money back guarantee so you have nothing to lose and everything to gain. Further, while your query is right on, often times the failure to serve a supporting deposition is best used as leverage to get a good plea; further, just because you received a supporting deposition does not mean that it is proper and converted the complaint to an information. If you do not understand what converting a "complaint to an information" means that is exhibit "A" as to why you should not play counsel on your case. Moreover, if the wrong person serves the supporting deposition it is improper, if an affidavit of service is not filed it is not proper, and even if you get the ticket dismissed because of failure to serve the state can just re-charge you on the long form. There is so much that goes into defending a traffic ticket I could write a book. That is why you should consider retaining counsel if you can afford it. If not, best of luck!
Criminal Defense Attorney
I suggest you hire a local attorney. Each court handles supporting depositions differently.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Here is something the rest of the attorneys above missed!
The cop has 30 days from the date requested or only until the pre-trial conference. So you add to you chances by going to the first one, and cutting down on the amount of time the cop has to issue them.
This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)