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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 05:08:46 · 5 answers · asked by Sandra♥ 5 in Politics & Government Law & Ethics

Posted this question once but under wrong catogory.

2006-07-15 05:09:41 · update #1

Also does anyone know where I can find on the internet about Arkansas Motion for Continuance in a rape case. I have searched alot with no results

2006-07-15 05:23:26 · update #2

Child is doing great now. Has had lots of help and is never talked about unless minor brings it up. We just want to get this out of the way and behind us.
This man is sick and dont need to be in socity

2006-07-15 05:45:09 · update #3

It is the defedent thats asking for all continuances not the prosecution. Prosecustion has a strong case.

2006-07-15 19:59:44 · update #4

5 answers

You should be able to contact the State's attorney and get a victim's advocate for the child, go to the clerk of court home page for your county, you should be able to enter a case # and get info on who the State's attorney is, what is going on, etc. usually they are very helpful in the clerk's office. Also, try www.findlaw.com for "rules of court" in your state. that is where they put things like how many continuances, grounds, time constraints, etc.
Again, good luck, remind the child it IS NOT about him or her, it is about the sickness of the offender, it is very important to keep the child's self-esteem intact, and keep away negative self images that these children often carry. Peace and Good luck

2006-07-15 05:40:14 · answer #1 · answered by redsoxfan11x 5 · 2 0

The defendant has a right to a speedy trial. as per the 6th amendment. There are three issues at stake here. How long it took from the arrest to the arraignment. How long it took from the arraignment to the commencement of trial. and how long it took from the beginning of the trial to when the prosecution rests.

The prosecution will often ask for a continuance while they gather evidence and prepare the case. If you look at the Duke rape case that has gotten so much media attention, they have yet to begin the trial.

The defense may wave the right to a speedy trial to prepare its own case.

When the prosecution asks for a continuance, that time will be charged for purposes of 6th amendment rights

Time varies by the state, but they are pretty similar.

It is not unusual for a trial not to commence for a year after the crime occurred and for a trial to go on for over a year after that.

Just look at the OJ Simpson trial.
murder: June 12th
arraignment: June 20th
trial begins: January 24th
verdict after 3 hours of deliberation: Oct 3rd



As far as rights, everyone has rights, even the minor. The State of Arkansas needs to be given a reasonable amount of time to prepare a case against the defendant. Because it is a first degree felony, more time is given than any other crime given its severity.

Bottom line is that prosecution may make a number of continuances up to a year or more regardless of the circumstances.

This can be a good thing for the victim. After a few years from the incident, she can be emotionally strong enough to face her attacker and see to it that he spends the better part of his life behind bars.

2006-07-15 06:09:11 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0 0

There are spammers, but there are some parents still around as well. http://health.groups.yahoo.com/group/J-U-S-T-I-C-E/

You would have to check the laws for your state to find out exactly how many times the other party can file a Motion for Continuance. It may just be a coordination of people's schedule or they are hoping you will give up in fighting back.

All the best to you.

2006-07-15 05:15:34 · answer #3 · answered by Anonymous · 0 0

relies upon on the choose. If the protection criminal professional has reason, can bypass on for an prolonged time. greater effective than probable, it somewhat is a stall tactic to get the prosecutor to deal, or hoping you will no longer take place and the case gets omitted. carry in there and placed this scum the place he belongs! good luck!

2016-12-10 07:30:49 · answer #4 · answered by mays 4 · 0 0

I would ask the prosecutor, more than two times woudl even get the state up in arms.

2006-07-15 05:12:23 · answer #5 · answered by boxing_fan_4_wlad 5 · 0 0

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