my lawyer keeps postponing my trial what can i do

In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal. There is no definite rule on how many times a court can postpone a case.

Full Answer

Can a defendant ask for a postponement to hire a lawyer?

Defendants who have not secured counsel may ask for a postponement to give them time to hire a lawyer. These requests are usually granted, but not indefinitely.

Can I get a speedy trial if the prosecutor keeps postponing?

Attorney Stomel's advice is very thorough. In other words if you or your attorney are requesting the postponements, you can't later claim your right to a speedy trial. However, if the prosecutor keeps asking for continuances, at some point you and your attorney have the right to demand trial or dismissal... 0 found this answer helpful

What to do if your court date keeps getting delayed/pushed back?

- Quora What can you do if your court date keeps getting delayed/pushed back? The Worst Retirement Mistakes People Make. Simple mistakes can wreak havoc on your retirement. A financial advisor can help. If he's confident that he can beat the rap, then he needs to tell his lawyer in no uncertain terms to take the case to trial, as soon as possible.

Can I postpone my court date?

The rule of reason applies to postponing a court date. If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement. Reference: Can You Reschedule a Court Date?

2 attorney answers

Likely not. When the pandemic started, the Supreme Court of PA suspended Rule 600. You still have a constitutional right to a speedy trial, but that is a much more difficult claim to present. You may want to talk to your attorney about it.

Corrie Allen Woods

Likely not. When the pandemic started, the Supreme Court of PA suspended Rule 600. You still have a constitutional right to a speedy trial, but that is a much more difficult claim to present. You may want to talk to your attorney about it.

What is the rule of reason for postponing a court date?

If the justification is reasonable, related to trial preparation, your health or that of a family member, or a matter of some importance scheduled before the court date was set, the judge will likely have no problem with a request for postponement.

Why postpone a court date?

Reasons to Postpone a Court Date. Court dates are often set by the clerk without consideration for individual schedules, which means that your court matter may be scheduled when you have something else planned. Changing a trial date or other hearing date is left to the sound discretion of the court. Obviously, you don't want to seek ...

Why do you delay a trial?

If the reason you wish to delay a trial is related to the trial, the court is likely to view it as justified. For example, if your eye witness won't be back in the country until July and your court date is June, a request for a delay sounds very reasonable. Likewise, if the other side just turned over evidence to you that requires you to hire and consult with a new expert, the postponement is in the interests of justice and might be readily granted.

How to get a new court date?

The best way to get a new date for a court hearing is to ask for it as soon as possible. The further away the current date is, the more likely it is that the court will make room for you. If you ask the court two days before the hearing for a new date and it wasn't an emergency, you might have a problem. If you receive a notice of hearing six months in advance and you know you won't be available that day contact the court right away, and you'll probably get the date moved.

Can you change your hearing date?

Changing a trial date or other hearing date is left to the sound discretion of the court. Obviously, you don't want to seek a change of court date for unimportant reasons, such as keeping a haircut appointment, but if it's open-heart surgery, go ahead and request a postponement.

Can you postpone a trial if you are married?

If you decided to get married, purchased tickets for an overseas vacation, or signed up to take the state bar exam before you knew the court date, your motion to postpone the trial will likely be granted.

What happens if a defendant needs another lawyer?

If the defendant needs to find another lawyer, a court could also give the defendant a reasonable amount of time to secure a new attorney. To deal with adverse pretrial publicity. Occasionally, defendants will ask for a continuance on the grounds of prejudicial publicity.

What is the right to prepare for trial?

To prepare for trial. States typically provide defendants with a minimum amount of time between entering the plea and going to trial. But a defendant has a right to adequately prepare defense (which includes the right of counsel to prepare).

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

What are speedy trials?

Speedy Trial Rights and Requirements. For the reasons above, speedy trials are required by statute in most states, which set “speedy trial” windows. Defendants can give up these speedy trial protections by “waiving time,” but even when they do, continuances are explicitly disfavored. In spite of this general approach, ...

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

Why do defendants ask for continuances?

Typical Reasons Why Defendants Ask for Continuances. Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.

What is the rule for criminal cases in California?

Criminal cases must be heard and determined “at the earliest possible time,” and the proceedings expedited “to the greatest degree consistent with the ends of justice.” (Cal. Penal Code § 1050 (a).) California Rules of Court, Rule 4.113 states that motions to continue criminal trials are downright “disfavored.”.

Why is my case postponed?

Usually case are postponed because they are not ready for trial. Don't complain. Case can be postponed indefinitely, until the judge says he won't postpone it anymore. Ask your attorney what awaiting trial means, beyond the obvious.

Do cases get better with older witnesses?

As a general rule of thumb (though there are certainly exceptions), cases usually get better for the defense the older they get. Memories fade, witnesses don't want to come to court anymore, officers might have retired, been fired, moved, etc. 3 found this answer helpful.

Why does the prosecutor hold all the cards?

If the accused demanded his right to have a trial within the 120 days, the prosecutor may hold all the cards because the defense attorney didn't have time to prepare a defense. It is not always a smart move. But it can be if the defense feels the prosecutor cannot possible get his case together that quickly.

What does "wait" mean in jail?

If you are free, that is, if you are out on bond or recognizance, then a wait favors the defense. If you (assuming you are the defendant) are in ja il, each day awai ting trial is another day in jail.

What happens if one side slips up?

There are rules of evidence and rules of law that must be followed in these cases. If one side slips up, the other side can benefit.

Why do police officers have ducks in a row?

Because most officers (at least the good ones) have their “ducks in a row” when they come to court. The judge understands the law and the need for “probable cause” to make the stop, etc. You don’t. The judge can only (should only) make the determining factor about the merits of the case.

Can a judge keep granting a continuance?

The granting of continuances are ‘within the sound discretion of the court’, and generally there is no limit to the number of continuances. So long as there is a good reason for a continuance, then a Judge can keep granting them.

Is jail awaiting trial a day?

If you (assuming you are the defendant) are in jail, each day awaiting trial is another day in jail. Now, if you are the type who is constantly getting in trouble, or if the local police are laying for you, then pre-trial postponements may work. Continue Reading.

Can a judge make a determining factor?

The judge understands the law and the need for “probable cause” to make the stop, etc. You don’t. The judge can only (should only) make the determining factor about the merits of the case. Not the person. You, more than likely, do not have the legal training to “defend yourself.” (Remember the adage. Continue Reading.