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Michigan -- Continuance Questions

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Latest post Tue, Apr 18 2017 1:14 PM by DOCAR. 1 replies.
  • Tue, Apr 18 2017 12:10 PM

    • clraddict
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    Michigan -- Continuance Questions

    Hi all,

    My husband is on a year long probation for a misdemeanor drug charge. Part of his probation is to do random breathalyzers. He failed a breathalyzer recently and we were both pretty shocked. He's been passing them for 8 months now. I know people here will probably say it doesn't pass the "smell test," but he was at work directly before testing, knew he had to test for 10 hours beforehand, didn't drink the day before or anything (hasn't been drinking at all). The only thing he did do was eat right before going in, which we've now been told is a no no. He also blew above the legal limit and they let him drive home, his numbers went up and back down in the span he was there, and he's been using the same tube for months. We both know, however, that the judge is not likely to believe him.

    Anyway, my question has to do with court dates. He and his lawyer had a court date today and his lawyer had him set up an evidentiary hearing after pleading not guilty. His next court date is May 16th. I am due to give birth to our first child May 10th. My husband mentioned this in court and the judge said if I was still pregnant on May 16th that they would "deal with it then" and potentially get a continuance.

    I had a note from my doctor that I was hoping the judge would look at, but he didn't. My husband is my only support person during labor, and I am at high risk for postpartum depression and anxiety due to my history of mental illness.

    How does a continuance work? Would my husband have to report back to court on that day no matter what? If I'm in labor on May 16th, can his lawyer go in his place and get the continuance on his own? The court is 4 hours from where we live...if he has to go, it would be 8 hours round trip.

    I'm scared about being alone and the judge made it seem like the continuance would be no big deal. I was hoping they would just put off the date a little longer. What can I expect here? What can be done ahead of time?

    Thanks in advance for any help you can give.

  • Tue, Apr 18 2017 1:14 PM In reply to

    • DOCAR
      Lawyer
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    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,479

    Re: Michigan -- Continuance Questions

    I am guessing you didn't ask the attorney.  He/she would be the best one to answer this question, since he/she was there, has worked with the judge before and heard what the judge said.  We would just be guessing.  We I have practiced, not Michigan, they attorney would appear and notify the judge who would most likely, continue the case a week or two. But again,just a guess.

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