How do you Reschedule a Court Date?
Rescheduling a court date means postponing an event for a later one. In some states, the court does not have to accept the new time and date you wish to reschedule your court hearing. If you are being sentenced to jail time or prison, you may be required by law to attend your rescheduled hearing no matter what day or time it is scheduled.
What time and date you reschedule a court appointment will be a matter of your state law. In some states, you can only reschedule your court appearance in person. In some states, you may be able to reschedule your court appearance by telephone or by mail. Rescheduling a court date is not the same as trying to avoid being arrested or pleading guilty without realizing it. You must still appear in court at the time and place you scheduled and answer your questions during the deposition process
Steps on How to Reschedule a Court Date
1. Make an Appointment With your Court Clerk
Most courts have their policies on how to reschedule a court date. The first thing you should do is contact a clerk at the court where you were given your initial court date. The clerk’s office will give you instructions on how to reschedule your hearing. In some cases, you may need to go in person and make an appointment to see the judge who was originally going to preside over your case.
2. Reschedule your Court Date in Writing
If you are instructed to write the judge in person, send him or her a letter explaining that you were sentenced to jail time, that you want to reschedule your court date, and when you would like it rescheduled. Be sure to ask for the reasons why your new court date has been set by law. In some cases, the court has a specific time for you to return to court.
3. Request that you Be Allowed a Break in your Sentence
Some courts will allow you to reschedule your court date. Others may not. If you are told that you cannot reschedule your new court date, ask the judge if he or she will give you a break in your sentence so that you do not have to go back to jail or prison without giving anyone notice first.
4. Wait for your Court Date
Your next court date will also go into your court record. Do not try to reschedule it in a way that will just have it appear on the calendar without actually showing up in the courtroom. Ensure that the time and date of your new court hearing are on your calendar.
5. Attend Court on the Day of Your New Court Date
On the day of your new court appearance, show up as you would normally do. You should appear in person so that it shows up on the courtroom docket. You will not be able to have an interpreter if you are appearing in person and have a court clerk with you to assist with any understanding or translators needed. You need to show up in person so that your new court date shows up on the docket.
6. Answer any Questions From the Judge
Your new hearing date is just another court appearance, even if you are only appearing to schedule a later one. You should dress as you normally would for a court appearance and make sure you have your documents with you. The judge may ask questions about why your sentence was delayed and why you have been rescheduled for this new court date. If you are being sentenced to jail or prison, you will still be required by law to attend your new court date. This includes going in person if it is a first court appearance.
7. Ask the Judge if he or she Needs any Further Information
Your answer will determine how much time you will have before being sentenced or whether you are eligible for leniency or shortening of your sentence. You should brief the judge on any information that may change or impact your sentencing or possible leniency. You may also be asked questions about your involvement in the offense that may look favorable toward you. This is a normal part of the sentencing process. It is also something you should prepare for if it ever happens to you.
8. Ask for a Reduced Sentence if Appropriate
If there was some good reason why your sentence was delayed and no one will know about it, ask for a reduced sentence outside the courtroom following your court appearance. The judge will not want to delay your sentencing further and will be more than happy to give you leniency if no one knows about the circumstances.
9. Ask for leniency if you are Eligible
If it looks like you may be eligible for a shorter or a reduction of your sentence, ask the judge outside the courtroom following your court appearance. A reduction in your jail or prison time is a very common way to receive leniency after being sentenced. Always prepare yourself for this possibility and follow through with it if it ever happens to you.
10. Go Home
After your court appearance and sentencing, you will be released. If your sentencing was delayed, be sure to write the judge a thank you note as soon as possible thanking him or her for their time and consideration. You will not have to return to court at this time unless you are being sentenced to jail time, which is entirely up to the discretion of the court.
In conclusion, the judge you see in court will be the same person that was originally scheduled to hear your case. If you are being sentenced, you will be required to show up at the time and place that has been previously set by law. If you have a good reason why your sentence may have been delayed and no one knows about it, ask for leniency outside the courtroom after your court appearance. You should always try to reschedule your new court date in writing so that it appears on the docket as a matter of record.