I have noticed in the minutes of my friends case, that they put the preliminary hearing tenative to 10/10/07, and then a comment made by counsel states last day for preliminary hearing is 10/16/07.
His next court appearance for the felony conference is set for 10/29/07
If no preliminary hearing is set and continued with, is then the legal rights of my friend due to his right to due process therefore violated and charges dropped?
2007-10-08 00:46:37 · 5 answers · asked by And your point is..... 1 in Politics & Government ➔ Law Enforcement & Police
Then why go on record informing the courst that the last day for preliminary hearing is >>>>> - Could courts have two cases co mingled, - but no hope for violation and charges dropped due to statue of limitations?
2007-10-08 01:08:40 · update #1
Then why go on record informing the courst that the last day for preliminary hearing is >>>>> - Could courts have two cases co mingled, - but no hope for violation and charges dropped due to statue of limitations?
2007-10-08 01:08:41 · update #2
hes been arraigned, if their talking Prelim. no statue of lim. are in play.....
pre-lim. is the 16th....DA wants to continue it to 29th....unless somebody waived his rights to a speedy trial, it should be thrown out on the 16th, which sounds like somebody did that, w/ the 29th court date.....big mistake,
now the DA has all the time he wants,
to gather evidence..........
2007-10-08 07:03:44 · answer #1 · answered by ABCDEF U 4 · 1⤊ 0⤋
No, he's in court so he's proceeding, if his attorney or the other side is asking for extra time and they all agree it doesn't fall under the speedy trial doctrine, it's been waived by mutual consent.
2007-10-08 00:49:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I doubt that a comment by council qualifies as a legal grounds for dismissal
2007-10-08 00:54:11 · answer #3 · answered by wizjp 7 · 0⤊ 0⤋
No, but he may get double his sentense for his friends asking for legal advice on yahoo.
2007-10-08 00:49:22 · answer #4 · answered by Anonymous · 0⤊ 1⤋
No. You are looking for a technicality that is not there.
2007-10-08 00:49:15 · answer #5 · answered by regerugged 7 · 0⤊ 0⤋