Asked 7/8/2016 – Houston, TX
I got in a traffic accident. i pleaded not guilty at the arraignment,
i asked several questions and settled on a jury trial.
when the trial date was coming up,, i looked at the paperwork and realized that the paperwork had me set for a bench trial.. i called the city of houston help line and they said i could go to the court 5 days before trial and request a change,,
i did this,, and the judge said, no.. I said,, well can i request a continuance..and she said, no..
at this point, i strongly feel that she is not giving me the common courtesy that the rules allow..
however,i understand it’s at the judges discretion,,
so next week,, if i go to the trial.and the witness doesn’t show up,, i’ve been told that usually the case is dismissed,,but i strongly strongly believe the judge won’t dismiss the case.. ,,what options do i have..
i would like to have jury trial..
and more importantly,i would like to change the venue to the regular houston municiple courts,, currently it’s at the westside location and there is only one judge there,,and based on my dealings with her,,i do not believe she is unbiased.
Answer
I would file a written request for a jury trial with the court immediately. Retaining an attorney would also be a good idea if you truly plan on having a trial in your case.
