Two people I know were arrested for criminal child abuse (the 8 mnth old nearly died because of it), posession of illegal drugs, bringing drugs over state lines, selling illegal drugs, etc. The woman was bailed out, but her bf is still being held in the county jail. The two will be tried together, but plead not guilty, despite evidence and witnesses statements.
The woman keeps putting off the trial date. I don't know what her first excuse was, but this last time her lawyer "had to be in another county," so neither of them showed without giving advanced notice. The trial has been put off another couple of weeks, but now she's bragging she's going to keep putting it off for two more years.
I don't know if they've waived their right to a speedy trial, but the man has been in jail since their arraignment. How much time has to pass before they'll let him go? He could get outon bail, but no one has paid it.
Can she put off the trial that long? What will happen if she does do it?
2007-11-09 11:48:54 · 8 answers · asked by serena_dee 3 in Politics & Government ➔ Law & Ethics
This trial is taking place in Kentucky.
2007-11-09 11:56:38 · update #1
This question involves a lot of complex issues.
First, a defendant has a right to a reasonable bond. What qualifies as reasonable is determined on a case-by-case basis. If a defendant is unable to make bond and is unable to get a speedy trial, they have a right to have the court review that bond.
Second, both the State and the defendants have a right to the earliest possible trial date when both sides can be prepared. If one side is just not getting prepared, the trial judge has the authority to remedy that problem by denying any further requests to delay the trial. However, this right must be asserted.
Third, while the State might like to try both defendants together, if one defendant has a valid reason to delay and the other wants a trial, the court will probably force the State to try the defendants separately.
Bottom line is that it is possible to delay a trial for some period of time (how long depends on the court docket and the complexity of the case). If a defendant is unable to post bond, the trial court might adjust the bond, but there is no limit on the time spent in jail pre-trial for defendants who are unable to post a bond.
2007-11-09 12:24:50 · answer #1 · answered by Tmess2 7 · 1⤊ 0⤋
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2016-06-11 08:15:01 · answer #2 · answered by ? 3 · 0⤊ 0⤋
I fo NOT think there is a time limit on this----if there is no bail money for the male, HE stays in until after the trial IF he is acquitted of the charges.... Of course, if he is found guilty, he comes to court FROM jail and goes right back to jail probably for years but will be credited with the time he has served up UNTIL the trial. The WOMAN on the other hand, if SHE is found guilty, she gets NO CREDIT because she was bailed out and didn't serve any time before the trial... So lets say both get sentenced to 3 YEARS max.... The guy would get out in less time because he's continually been in jail.
2007-11-09 11:59:39 · answer #3 · answered by LittleBarb 7 · 1⤊ 0⤋
i'm no longer particular what New Hampshire calls for, yet right here in Arkansas, you'd be held a optimal of 60 days previous to formal expenditures being filed (right here we report "informations", no longer indictments) if we are speaking about a legal charge. At sixty days, both case is both brushed off or the defendant is released on a OR or signature bond. My intestine tells me that New Hampshire interior reason similar, basically possibly extra time for the indictment to be filed. Now, in the journey that they are thinking the case a misdemeanor, then they'd no longer ought to report an indictment and ought to have him sitting in penitentiary on bond observing for trial. i ought to call the courtroom the position he very last known and get a standing request on his case. i ought to also call the penitentiary the position he's placed and see if there's a bond set for him. you're able to call a bondsman and get him at present. wish it helps.
2016-10-23 22:54:59 · answer #4 · answered by brandea 4 · 0⤊ 0⤋
Since they're guilty, it really doesn't matter, they both belong in prison.
Rule #1 = an innocent person always screams for release. if they don't get release, they scream for an expedited trial. only the guilty are content to waive time since they know they will get credit for their time served.
he has no claim for innocence or he would have demanded a separate trial a long time ago.
2007-11-09 12:11:11 · answer #5 · answered by gw_bushisamoron 4 · 2⤊ 0⤋
As long as it is the defendents, or one of the defendents, that is delaying things, there is little that the court can do to speed up the trial. Her boyfriend could request that their trials be separated, meaning they would be tried separately, but he would have to show cause as to why the court should do it.
2007-11-09 11:57:06 · answer #6 · answered by jglawson80 3 · 1⤊ 0⤋
If he had a problem with the delays, he could request an trial independent of hers. Apparently he doesn't have a problem with it.
The time he serves will be credited to his sentence, and if they get the same punishment, he will be out sooner. (Too soon, in my opinion).
2007-11-09 11:57:39 · answer #7 · answered by trooper3316 7 · 2⤊ 0⤋
In the State of Florida?
2015-08-19 07:44:04 · answer #8 · answered by jimmi 1 · 0⤊ 0⤋