daughter was arrested 18 months ago for an incident that happened 3 1/2 years ago-she's out on bail- we want this over with but the DA is dragging her heels
2007-05-10 05:45:08 · 4 answers · asked by thumper08042002 1 in Politics & Government ➔ Law & Ethics
it is usual practice for trial counsel to waive time at the arraignment, reason being that it allows for discovery and gives the court leeway in calendering. this means that your daughter, through counsel, has given up her right to be tried within the manner the law prescribes.
if you want this to proceed relatively fast, contact your counsel and take back the waiver and insist on going forward in court. this is not a matter for the DA to decide on.
she simply needs to insist on a trial date - that is all that can be done.
i hope this answers it for you.
2007-05-10 05:54:43 · answer #1 · answered by jandrkeller 4 · 0⤊ 0⤋
Most states require the defendant to REQUEST a speedy trial, and then the Court has a specific amount of time within which to set a trial date (but not necessarily to hold the trial, depending on continuances and such).
Is she in jail?
If she's still in jail, she needs to request a bond hearing or a reduction of bond hearing.
2007-05-10 05:47:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If the trial date is not set to a day within 45 days from the date she was charged she can move to have the charges dismissed without prejudice. That means they can not bring that charge up again.
KrazyKyngeKorny
(Krazy, not stupid)
2007-05-10 06:00:52 · answer #3 · answered by krazykyngekorny 4 · 0⤊ 0⤋
depends on the situation and what she was arrested for and how much evidence is against your daughter.
2007-05-10 05:48:42 · answer #4 · answered by arus.geo 7 · 0⤊ 0⤋