In the state courts of Michigan, there are adjournments which change the date of a court appearance to another date. Michigan DUI adjournments can be requested if an individual has a scheduling conflict or need more time for whatever reason. Adjournments can be requested for many different reasons in the Michigan DUI case process.
One of the most important reasons an adjournment request is made is when the discovery process is incomplete. The discovery process is the whole process of obtaining all of the documentary evidence, video recordings, audio recordings, police reports, blood test results, and anything else that is available to be reviewed that might have an impact on the DUI case.
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Adjournments can be granted in Michigan DUI cases depending on the particular judge and court. Generally, most courts will allow at least some additional time if there is a good reason. For example, if the Michigan DUI attorney is still waiting to receive what they have requested from a prosecutor, the police department, the state police, or some other entity.
If the attorney and defendant are still waiting for that discovery but have done their due diligence, most of the courts are pretty amenable to allowing some additional time. Some courts will require the parties to agree to the adjournment.
There are some courts that are reluctant to grant an adjournment for any reason. Other courts are very liberal with adjournments and will grant as much time as needed. Ultimately, it is the judge who will decide whether to grant or deny a request for an adjournment.
If there is a good legal reason or there is a good reason related to something going on in the client’s life, it should provide the judge with a good basis for granting an adjournment. Scheduling conflicts are another frequent basis for granting an adjournment.
An adjournment will not hurt a case however, it could negatively affect their personal life. For example, if someone had made travel plans based on the date of a court appearance and the prosecutor needed an adjournment for some reason, the client might not be able to travel on the planned date.
Adjournments can certainly help. If the defense does not have all of the discovery in the case, it is nearly impossible to make informed decisions about whether to accept a particular plea offer or to go to trial.
Attorneys are always the ones who request adjournments on the clients’ behalf. Typically, we would first call the court. Sometimes, we are required to file a stipulation. A stipulation is an agreement between the parties that states that they agree that the date can be changed.
The court might require some kind of proof that a client has a flight that has already been booked to visit family members in another state. It varies from judege to judge as to how much documentation or evidence will be required.