When some one post bail how many days does the DA have to file the case for it to move forward?
2007-10-30 10:56:22 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That depends on what state you're in and the crime that was committed. It could be 8 years...it could be any amount of time.
2007-10-30 11:00:54 · answer #1 · answered by justsinginrain87 3 · 0⤊ 0⤋
Im not in law, just my general knowledge in this area of interest. When you post bail and you are out of custody you are no longer in county jail, you are still in the system but you not do not go by the general rules as if someone were to be in county where time matters more so then if you were out and you can drag the case out.
The DA probably allready has the case and has been assigned to it, the system works very slowly.
In Order for a case to go to trial > that is up to you, and you alone where a lawyer can help aid your decision for this and rule. Takinga plea deal or going to Trial is based apon many many factors, usually if you are found guilty by trial the time and charges you are taking will be much worse if you were to take a plea depending on the risk factors, time difference, and the facts even if they are all circumstantial evidence or unreasonable doubt and if you are innocent the DA can take the info and turn it into a story, and another big factor is to tell the your story, the REAL true story it may take a lot of explaining, to the jury it looks bad even though it is right, it is bad and being in the system is really a bad situation, and be ready to have money to protect yourself or they can eat you alive.
another thing is, there is real method of thory that you can use or test, a jury can be very very unpredictable even with it being picked demographically.
2007-10-30 11:09:58 · answer #2 · answered by AquaFin 1 · 0⤊ 0⤋
The statute of limitations clock stops ticking when the charges are filed -- that's the arraignment or when the person is arrested for the charges.
After that -- you're talking about constitutional speedy trial issues -- and the general rule is that the trial has to begin in roughly 6~9 months, unless the defense consents to (or requests) a delay. But the standard is that the cumulative delay cannot be prejudicial to the defendant. There is no hard and fast fixed deadline -- unless some state imposes one.
2007-10-30 11:00:20 · answer #3 · answered by coragryph 7 · 0⤊ 1⤋
as long as he/she wants
2007-10-30 10:59:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋