Why would a DA keep postponing a case if he really did have one?

Question

a friend of mine got pulled over by a cop at about 11 pm for a cracked windshield. (small crack) and my friend got arrested for drugs and paraphenalia, etc in the car. the two girls he was with were let go. they towed the car and took him to jail. now his pub. def. filed for a motion to dismiss because he was stopped on bogus charges and they wouldn't let him get his id from his wallet under the seat. they searched the car and found drugs . the DA has postponed the prelim 3 times so far. i think he is trying to build a case against my friend and needs more time to gather evidence or something. why else would he keep postponing it? i don't really know much calif law, but something seems fishy to me? what do you think?

Answer 1

Cases get postponed for various reasons. The Judge or DA could have a doctors appointment that day. A simple case took 2 years and 7 postponements(1 by me) before the judge had us all there and threw it out.

That being said your friend needs to make sure he is represented.

Answer 2

If your friend did not waive a speedy trial then his attorney should be able to get the case thrown out. the DA could not be trying to gather more evidence unless the car is still in the possession of the police dept. the hold-up is probably just a crowded court docket.

Answer 3

The DA is hoping your friend cracks under the pressure of waiting and cops a plea. It sounds like the DA knows the case is weak. I am an ex cop I have seen it before.

Answer 4

It is probably a scheduling matter.

Ask any calendar clerk in a law office what it takes to coordinate everyone involved in a matter. It's amazing anything ever gets heard.

Answer 5

maybe he is trying to gather evidence.