QUESTION
Is there a time frame in which the judge has to review a motion?
Asked on Nov 20th, 2012 on Criminal Law - Florida
More details to this question:
My motion was mailed out on August 6,2012. It was a motion for new trial but I have not heard anything back.
4 ANSWERS
Michael J. Breczinski
The judge should try to get the matter resolved quickly but there is no time limit.
Answered on Nov 27th, 2012 at 7:51 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, usually within 30 - 45 days. The fact that you say it was "mailed out" troubles me. The original should have been filed with the court and copies served on the D.A. or Prosecuting Attorney's Office. If your motion was mailed, are you sure it was actually received by the court and what proof do you have that it was mailed and received?
Answered on Nov 21st, 2012 at 3:39 PM
Gary Moore
Something is wrong. Perhaps your motion was mishandled. Call the court and inquire about your motion.
Answered on Nov 21st, 2012 at 3:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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More facts are needed to answer this question. The judge should either grant the motion or deny it within a reasonable time.
Answered on Nov 21st, 2012 at 3:37 PM