If the DA repeatedly has you going back to court by gettig a continuance before you can actually go before the judge, what can you do?

Is there a proper method to object to this? It seems to be a way to deny speedy trial if the cop who issued the ticket is too lazy to show up to court.

10/10/2007 12:51:22 PM

take it to the 9th circuit court of appeals

[Edited on October 10, 2007 at 12:53 PM. Reason : ]

10/10/2007 12:52:23 PM

if the cop doesnt show up tell them that you plead not guilty and you have to have the trial because you refuse the continuance.

the state has no case against you and cannot present evidence from someone other than the officer that charged you...otherwise its hearsay.

10/10/2007 12:53:53 PM

Talking about being made to return to court 6+ times without the case actually getting to be heard. It seems like there should a reasonable limit to something like this where they can't just keep jerking you around indefinitely.

10/10/2007 12:54:08 PM

Quote :

"It seems like there should be"

Yeah there should be, chances are there isn't.

10/10/2007 1:06:25 PM

There is a limit, but I'm not sure what it is. I got a case trash canned after 3 I think, but I had a lawyer. I think it is up to the individual judge.

10/10/2007 1:10:45 PM

one time my boy had a case continued for so long, that the original prosecuting DA had become a judge who happened to be presiding over the court date a couple years later...conflict of interest...but still it only got him an extra month, until a different judge was there

10/10/2007 1:12:40 PM

move to dismiss because they refuse to give you a speedy trial as required by the 6th amendment

10/10/2007 1:13:30 PM

Ok do this, go to the court's website, look at the local rules (they change from court to court)

or

Look at the judge's standing orders and see if he dismisses cases like yours that keep getting continued

Don't just "move to dismiss" - the court you're in may not work that way.

10/10/2007 1:17:26 PM

Quote :

"if the cop doesnt show up tell them that you plead not guilty and you have to have the trial because you refuse the continuance. the state has no case against you and cannot present evidence from someone other than the officer that charged you...otherwise its hearsay. "

is this not accurate?

10/10/2007 1:23:26 PM

^ not in every court, no

10/10/2007 1:24:16 PM

Quote :

"is this not accurate? [in wake county disposition court]"

10/10/2007 1:25:10 PM

No, it's not accurate. The state can request a continuance just as you can. They didn't create continuances just for people who haven't scraped up the money to get a lawyer yet.

It is very possible that the officer has a conflict at another court. If so, he has to go to whichever is the higher court. In this case they will always grant the continuance regardless of how many times you have been there.

I have seen a judge tell the state that they will not get another continuance on their third request, but in this particular case somebody forgot to bring their evidence. The judge basically told them to go get it and he would try that case last.

I'm sure it's just laziness though. I bet the cop was laying on the couch and watching tv because he didn't feel like showing up.

10/10/2007 2:16:47 PM

its my understanding that each side gets three continuances, but ill guarantee cops get more thaqn three if it comes down to court room schedule conflicts. i had a purchasing alcohol for a minor dropped after the prosecution moved for a 4th continuance.

10/10/2007 2:20:39 PM

Next time the cop doesn't show up I highly recommend bitching about it to the judge and requesting to be tried that day. Much better results than if you bitch about it to TWW from my experience.

10/10/2007 2:25:26 PM

Quote :

"Ok do this, go to the court's website, look at the local rules (they change from court to court) or Look at the judge's standing orders and see if he dismisses cases like yours that keep getting continued "

10/10/2007 2:26:14 PM

Quote :

"if the cop doesnt show up tell them that you plead not guilty and you have to have the trial because you refuse the continuance. the state has no case against you and cannot present evidence from someone other than the officer that charged you...otherwise its hearsay."

talked to an assistant DA last night and he said you can plead not guilty all you want, but its up to the judge to grant and refuse motions of continuance, not you. he said after a few continuances the judge should deny it and dismiss the case though.

10/11/2007 8:38:56 AM