Requesting a postponement of a criminal hearing: this is how you go about it

Delay is also called detention of treatment

The word arrest in this context has a different meaning than taking away by the police. An arrest request asks the criminal judge to continue the proceedings at a later time. A telephone call about your absence is not automatically a complete request, let alone a decision on it.

Determine which hearing is on the notice: a substantive hearing, pre-trial hearing or other appointment. Please include this information in your request. This helps prevent a question from going to the wrong department. Even in the case of different agreements in the same criminal case, it must be clear which date you want to have assessed.

Report the reason as soon as you become aware of it

The judiciary advises making a request as soon as possible after receiving the summons. Do not wait until the morning of the hearing if you already know about the impediment. If you encounter a sudden problem, report it immediately. Explain when the problem arose and why earlier reporting was not possible.

Contact your lawyer at the same time if one is involved. Prevent you and the office from submitting different requests without coordination. Agree who will contact you on your behalf, what substantiation will be included and who will check the response. Save the sent version so that it is clear later what exactly was requested.

What should be in a useful request?

The national protocol lists the necessary information as necessary, including the name of the suspect, the prosecutor's office number, the hearing date and the reasons for postponement. Add contact details and clearly state what decision you are requesting. A casual statement that you are unable to attend gives the judge little basis to assess the request.

Describe the obstacle and the importance of your presence or the extra preparation time. Please attach appropriate supporting documents if available. Limit sensitive data to what is necessary for the assessment. Ask the clerk or lawyer how such documents can be provided safely and keep a copy yourself.

Illness or other personal impediment

Illness can be a reason to request a postponement, but the judge will assess the circumstances. Make it clear why the illness prevents participation in this particular session. The word sick alone cannot provide sufficient explanation. Ask what substantiation is appropriate without having a doctor independently give a legal opinion.

A work appointment, trip or transport problem also does not automatically postpone. Explain what the obstacle is, when it became known and whether an alternative exists. Keep the tone factual. You don't have to exaggerate the seriousness of the situation; the judge above all needs concrete, verifiable information.

Missing pieces or insufficient preparation time

If important pieces are missing, identify which pieces they are and why they are needed for the defense. State when you requested the file and what the response was. A general feeling that you are not ready is less clear than an explained obstacle to a concrete process step.

Discuss with the lawyer whether a postponement is the appropriate question or whether an investigation request is also necessary. An arrest request and the request to hear a witness are not the same. The page about the criminal file explains how to map missing pieces in a targeted manner.

Who decides and when will you be notified?

The judge decides on postponement. Sometimes a decision is known before the hearing, but in other cases the request is only assessed at the hearing. The protocol describes that the position of the Public Prosecution Service is also taken into account. The registry can inform you about the practical course of events.

An acknowledgment means that a message has been received, not that the session is canceled. Therefore, ask who checks the outcome and how you can find out about it. Make sure you are available. Do not put your preparation completely on hold until there is a clear decision about the original date.

What if there is no granted deferment yet?

Don't silently leave just because you submitted a request. Depending on the case, the judge may continue the treatment without you or require your presence. Let the lawyer assess what is necessary in your legal position and whether he can act on your behalf. An authorization and a postponement request require different agreements.

If you really cannot attend due to an acute obstacle, report this immediately and ask how you can check the decision after the hearing. Save your previous request and proof of the time you reported it. Read the explanation about a summons to properly understand the summons and any indications about presence.

After award: also make the follow-up concrete

Ask whether a new date has already been set and how you will receive confirmation. A granted request is not a reason to pass up a missing file or other preparation task. Use the extra time for the reason you requested an extension. Determine who will request which piece or information.

When changing lawyers, continuity is extra important. Make sure that the new practitioner has the decision, correspondence and new date. The lawyer change page helps to arrange that transfer. Save old and new calls together so that there is no confusion about the appointment.

• Include name, prosecutor's office number, hearing date and accessibility.
• Describe the specific reason and when it arose.
• Add appropriate substantiation through the appropriate registry.
• Save the request and acknowledgment of receipt.
• Check the decision; don't accept a delay in advance.