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Hi
Does anyone know how many times someone can ask for a Motion for Continuance in a trial for Rape to a Minor in Arkansas?
It seems to me in this case the minor has NO RIGHTS I think the case should go on so the minor can move on with their life and get this thing behind them. Seems like the defendent has all the rights here. Guess it goes back to innocent till proven guitly

2006-07-15 05:03:53 · 3 answers · asked by Sandra♥ 5 in Politics & Government Law Enforcement & Police

3 answers

Sadly, the defense (and accused) can waive time upon notice to the court until prepared for the case. I have seen these things drag on for a year or more. There may be a specified number in Arkansas, but it is also the job of the State's attorney to oppose motions like these if they are without grounds. There are rules regarding WHY parties can ask for continuances, and I suggest you listen carefully to what happens in Court, as I was on a case in Phoenix where the State's attorney asked for a continuance so that she could go to Vegas and celebrate her birthday, defense was too frightened of her to object.
It is sad that victims, especially the juveniles have to be dragged through this, however, I recommend helping the child to get on with life by keeping them focused on being a child, NOT a victim, and returning to as normal a life as possible and NOT giving this rapist the power to ruin anything further for the child. It is NOT the child's fault and the child is NOT the bad one, the child has the right to live a child's life.
google your county's clerk of court home page, you should be able to get alot of information there.
I wish you both the very best.

2006-07-15 05:29:33 · answer #1 · answered by redsoxfan11x 5 · 3 0

The defendant has an exact to a speedy trial. as in line with the sixth modification. There are 3 subjects at stake right here. How long it took from the arrest to the arraignment. How long it took from the arraignment to the graduation of trial. and how long it took from the initiating of the trial to whilst the prosecution rests. The prosecution will usually ask for a continuance on a similar time as they convey jointly info and practice the case. in case you look on the Duke rape case that has gotten plenty media interest, they have yet to start the trial. The protection could wave the final to a speedy trial to coach its own case. whilst the prosecution asks for a continuance, that factor would be charged for applications of sixth modification rights Time varies via the state, yet they are fairly comparable. that is commonplace for a tribulation to no longer start up for a three hundred and sixty 5 days after the crime happened and for a tribulation to bypass on for over a three hundred and sixty 5 days after that. only look on the OJ Simpson trial. homicide: June twelfth arraignment: June twentieth trial starts: January twenty fourth verdict after 3 hours of deliberation: Oct third so a methods as rights, all and sundry has rights, even the minor. The State of Arkansas needs to take delivery of a functional volume of time to coach a case against the defendant. as a results of fact it somewhat is a extensive-unfold degree criminal, greater time is given than the different crime given its severity. base line is that prosecution could make various continuances as much as a three hundred and sixty 5 days or greater in spite of the situations. that's many times a competent component for the sufferer. After some years from the incident, she would be emotionally good sufficient to stand her attacker and notice to it that he spends the greater effective area of his life at the back of bars.

2016-12-10 07:30:43 · answer #2 · answered by mays 4 · 0 0

Depends on the judge. If the defense attorney has cause, can go on for a long time. More than likely, it is a stall tactic to get the prosecutor to deal, or hoping you won't show up and the case will get dismissed.
Hang in there and put this scum where he belongs!

Good luck!

2006-07-15 05:24:51 · answer #3 · answered by tallerfella 7 · 0 0

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