QUESTION
Is there an opposite of a continuance that can be filed?
Asked on Oct 23rd, 2012 on Criminal Law - Georgia
More details to this question:
My girlfriend’s ex-husband (pending) assaulted her almost a year ago and the police were called. This was not the first instance by any means but the first time they were called by her. They have repeatedly asked for continuances due to health of the defendants father (was the lawyer at one point and that was ended in a continuance for his health) the trial date was set for about two weeks from now and they are asking for another because the father is apparently dying). How can someone keep being granted these for reasons that have nothing to do with the case? It is mentally destroying my girlfriend, considering they are also going through custody of their child and divorce. The cops saw the aftermath and the injuries but we just can't get the guy in court to answer for what he has done. The defendant’s lawyer (father) tried to slander and discredited her as a mother when she took care of the child completely. They are being underhanded and dirty, I saw something called a demand for a speedy trial. Can this be applied this late? Please help, we don't have much money and can't take much more of this.
4 ANSWERS
Michael J. Breczinski
Only the defendant can ask for a speedy trial. I would have you express these concerns to the prosecutor and the judge in the case.
Answered on Oct 26th, 2012 at 8:25 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Speedy trial only pertains to the defendant's rights. This means that a case must be tried within 90 days of the arraignment date, unless the continuance is for "good cause", which is determined on a case by case basis. The judge determines this. A continuance of one year is extremely unusual. The prosecutor needs to be more aggressive and push this case. I am surprised that the judge has let this case linger for so long. Your girl friend needs to be vocal about this. She should have been assigned a victim's advocate. I would suggest working through that person. I hope your girlfriend is not handling the custody battle without an attorney. If so... very foolish!
Answered on Oct 26th, 2012 at 5:29 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The victim advocate should be able to explain what is happening. There is no right to a speedy trial for victims. The court will probably force the defendant to go to trial at this stage. Let the system work for you. Stay in touch with the victim advocate at the local state attorneys office.
Answered on Oct 25th, 2012 at 10:07 PM
Criminal Law Attorney serving Fredericksburg, VA
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Spencer Meyer and Koch PLC
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The following information pertains only to criminal matters. Speedy trial rights belong with the defendant. If on bond a defendant has the right to be tried within 9 months. The defendant can also waive this right. If there is a prosecutor involved they have the ability to object to a continuance. I would recommend contacting the prosecutor's office and expressing your concern with this issue.
Answered on Oct 25th, 2012 at 8:53 PM