Quote:
Originally Posted by 2Blackdogs
Citing doctor appointments, work needs, jury duty or whatever, you can ask for multiple continuances to carry the date well past Autumn, when the part-time officers have little reason to travel far to the rescheduled hearings.
Now with gas nearing $4, the MP may not even provide adequate travel compensation for those former officers, much less pay them adequately for their time in court and waiting for the court to call their cases. It's no wonder, "officers don't show up".
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Another commonly repeated myth.
While officers do not appear on occasion for a trial due to a multitude of reasons, chronic non-appearances are noted by the Court and can result in sanctions against the officer and/or the officer's department and every officer knows that such unexcused events will have an effect in that courtroom on that officer's credibility. Recently the NH State Police came under unwanted scrutiny for antics the court system felt were inappropriate in granting speedy trials and keeping the court dockets clear, especially in summer months when arrests & subsequent trials swell.
Additionally, the inference that you can get multiple continuances for a simple violation (speed) is also more urban legend. There is a clearly defined procedure one must follow to be allowed a continuance, and abuse of the process or a mistake on the defendant's part will at a minimum result in a finding of guilt and worse case, additional charges for contempt of court.
For the readers convenience I will list below the NH District Court procedure for requesting and being granted continuances. Note the specific requirement that you will need the prosecutor/arresting officer's permission and
notification.
C'mon guys, its getting awfully hot in these waders!
RULES OF THE DISTRICT COURTS OF THE STATE OF NEW HAMPSHIRE
GENERAL RULES
Rule 1.8-A. Continuances and postponements.
A. All motions for continuance shall be in writing, signed by the moving party stating the reasons therefor and stating that the opposing party does not desire a hearing on the motion, if such is the case.
B. No motion for continuance shall be granted without a hearing unless approval of the opposing party is obtained. The moving party shall have the burden of obtaining such approval.
C. Agreement of the parties shall constitute a waiver of hearing on a motion to continue; but notwithstanding agreement of the parties, the Court shall exercise its sound discretion in granting such continuances.
D. All motions for continuance or postponement in a civil action shall be signed and dated by counsel. Other counsel wishing to join in any motion shall do so in writing. Each motion shall contain a certificate by counsel that the client has been notified of the reasons for the continuance or postponement, has assented thereto either orally or in writing, and has been forwarded a copy of the motion.
E. In exceptional situations, motions to continue may be made orally in accordance with these rules and shall be effective as such, but it shall be the burden of the moving party to establish a record thereof by confirming such request in writing. Only attorneys, police prosecutors, or parties pro se, shall be permitted to continue orally.
F. In all civil cases, no motion for a continuance, grounded on the want of material testimony, will be granted, unless supported by an affidavit stating the name of the witness, if known, whose testimony is wanted, the particular facts expected to be proven with the grounds of such expectation, and what has been done to procure attendance or deposition, so that the Court may determine whether due diligence has been used for that purpose. No action shall be continued on such motion if the adverse party will agree that the affidavit shall be received and considered as evidence in like manner as if the witness were present and had testified to the facts therein stated; and such agreement shall be in writing at the foot of the affidavit and signed by the party or the attorney.
G. The same rule shall apply, with necessary changes, when the motion is grounded on the want of any material document, paper or other evidence of like nature; or in the absence of a material witness whom the party deems it necessary to have upon the stand.
H. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the Court. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. If a record of the proceedings is not available, the trial judge shall make a record of the request, the Court's findings, and its order.