Kellie C

[justice2014]

My husband received a citation Class C Misdemeanor Assault. We went to hearing but found out that we had requested a continuance. The problem is we didn't.

I went to the PD to get a report in the morning but the clerk had told me that it will take up to 10 days to receive it. I told him that I need it today for the hearing. He advised me to go to the court house and speak to the clerk and he/she may able to help. I went and spoke to the female clerk and explained to her that I need the report right away for the 1:00 hearing. She advised me that there isn't anything she can do for me except for me to speak to the Prosecutor. She asked if this was for me and I told her no. I informed her that I was getting the report for my husband which is the defendant. She asked where is he and I replied that he was at work and couldn't come but I assured her that he will be there for the hearing in the afternoon @ 1. I never gave the clerk my name when I spoke to her or sign any paper for the continuance.

I told my husband that there wasn't anything we can do and we have to speak with the Prosecutor before the hearing and see if we can get a copy of the report from him so we can proceed with the hearing. Well, we came to the hearing with my 11 yrs old son who was a witness to the case and also, myself but to find out that I had requested for a continuance and they had called the Prosecutor's witnesses that they didn't need to come. But the Prosecutor was surprised when I informed him that we didn't request for a continuance.

When our hearing started, the clerk came into the courtroom. She said that I did request the continuance. When I tried to tell my side of the story, the judge basically called me a liar and she can't believe anything I say. She was hollering at me and I basically cried.


I tried to tell the judge my side but she refused to listen to me. I was pretty choked up. I was there as a witness and nothing more.

My questions would be: Do I have the right to request for a continuance for my husband? Because from what I researched, you have to file a motion 5 days before your hearing and if it's within 5 days, the defendant or his/her attorney or the plantiff or his/her attorney have file it in person.

Do I understand this correctly? Please advise.

 

[mightymoose]

It sounds like you should have an attorney helping you. Have you spoken with the public defender?

 

[army judge]

My husband received a citation Class C Misdemeanor Assault. We went to hearing but found out that we had requested a continuance. The problem is we didn't.

I went to the PD to get a report in the morning but the clerk had told me that it will take up to 10 days to receive it. I told him that I need it today for the hearing. He advised me to go to the court house and speak to the clerk and he/she may able to help. I went and spoke to the female clerk and explained to her that I need the report right away for the 1:00 hearing. She advised me that there isn't anything she can do for me except for me to speak to the Prosecutor. She asked if this was for me and I told her no. I informed her that I was getting the report for my husband which is the defendant. She asked where is he and I replied that he was at work and couldn't come but I assured her that he will be there for the hearing in the afternoon @ 1. I never gave the clerk my name when I spoke to her or sign any paper for the continuance.

I told my husband that there wasn't anything we can do and we have to speak with the Prosecutor before the hearing and see if we can get a copy of the report from him so we can proceed with the hearing. Well, we came to the hearing with my 11 yrs old son who was a witness to the case and also, myself but to find out that I had requested for a continuance and they had called the Prosecutor's witnesses that they didn't need to come. But the Prosecutor was surprised when I informed him that we didn't request for a continuance.

When our hearing started, the clerk came into the courtroom. She said that I did request the continuance. When I tried to tell my side of the story, the judge basically called me a liar and she can't believe anything I say. She was hollering at me and I basically cried.


I tried to tell the judge my side but she refused to listen to me. I was pretty choked up. I was there as a witness and nothing more.

My questions would be: Do I have the right to request for a continuance for my husband? Because from what I researched, you have to file a motion 5 days before your hearing and if it's within 5 days, the defendant or his/her attorney or the plantiff or his/her attorney have file it in person.

Do I understand this correctly? Please advise.

You are a witness for the defendant.
You are married to the criminal defendant.
Your husband needs to be involved in his case.
Your involvement is neither required, nor is it legal.
In some states, you could be considered practicing law without a license.
In Texas for that to happen, you need to collect money for your efforts.
But, what you're doing is being a BUTTINSKI, and you aren't trying to be, but that's what's happening.

That said, you need to tell hubby, he has to become more involved in his case.
You've already had a run in with the JP or the Muni Court judge, and that hurts him.
The PD likely requested the continuance.
He needs to speak with his PD.
You need to back off, otherwise, it'll only further harm hubby.