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How long does it normally take to get a court date/ response for a motion i filed?
Anonymous3 views3 answers
I filed a motion/request to convert my community control to probation about three weeks ago. I have completed all special conditions, complied with all rules and regulations and up to date on court costs. I am half way through sentence. How long does it usually take to hear back for my motion? Also what are my chances of converting community control to probation?
Donald A. NiesenConstruction / Development LawyerGainesville, FL ·
From your question, it appears you are representing yourself, without an attorney. The trial judge assigned to your case does not automatically assign a hearing date, but normally allows the attorneys or parties to schedule that. In your case, you have to contact the State Attorney's office (prosecutor) which is handling your case, and work with them to agree on a hearing date. Many times, the two of you contact the judge's secretary, normally called a Judicial Assistant, or "JA", to find out what dates in the future on the judge's calendar are available. Once the JA gives you a date the prosecutor agrees with, then someone files a Notice of Hearing in the court file, with a copy to the judge's office, which states the date, time, location & subject matter of the hearing. If you are lucky and are getting along with the Assistant State Attorney (lawyer) from the prosecutor's office assigned to your case, you may be able to talk them into doing this function. Good luck.
I would suggest that you call the prosecutor's office, and discussed the case and motion with them. If you are polite they may not only help you to set the motion for a hearing, but consent to the motion. This will greatly increase the chances of your success.
I would definitely call the Judge's chambers and speak to their Judicial Assistant (JA). The JA can very often help you make sure the motion is placed on the Judge's calendar. When you filed your motion, I assume you filed it with the Clerk of the Court. Hopefully, you also sent copies of your motion to the Assistant State Attorney, to your Community Control officer and to the Judge's Chambers.
If you have done 1/2 of your time on community control and are current in your obligations then I would think that you definitely have a shot. It depends on the Judge, whether or not the Assistant State Attorney and/or CC Officer takes issue with your request and also how much time you have already been on community control.
Best of luck.
