Four and a half months is a long time for the DA to not file charges, however, there are many possible reasons for the delay. Usually, delay is a defendant's and defense attorney's friend. It often means there are problems with the case or that there are more pressing matters taking the attention of the DA away from your possible case matters.
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Dec 15, 2014 · Four and a half months is a long time for the DA to not file charges, however, there are many possible reasons for the delay. Usually, delay is a defendant's and defense attorney's friend. It often means there are problems with the case or that there are more pressing matters taking the attention of the DA away from your possible case matters.
Jul 07, 2009 · 2 attorney answers. Every state has particular statutes that cover the requirements of the DA to turn over evidence they intend to use in trial. In addition, the United States Supreme Court has ruled that the DA has an affirmative duty to turn over evidence that is exculpatory or mitigates punishment. Basically, yes - the DA has to turn over information within the …
The police send the paperwork to the prosecutors, and the day they come to court, the prosecutors decide while they've got the person there. If the person bails out of jail, there are a 30 days time frame before the person will be ordered into court. The police know they have to get the paperwork to the prosecutor within the 30 days time frame ...
The U.S. Supreme Court is the only court established by constitutional mandate | True |
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All evidence points to the conclusion that prosecutorial discretion is used to | Screen out the weakest cases |
Which of the following is the most common reason for prosecutors to reject cases | Evidence problems |
In addition, the United States Supreme Court has ruled that the DA has an affirmative duty to turn over evidence that is exculpatory or mitigates punishment...
Rule 16 of the Colorado Rules of Criminal Procedure requires the prosecutor to turn over basically everything in their posession to the defense long before trial.#N#That being said, most Colorado judges won't subject the prosecution to severe sanctions for not doing so. The most frequent sanction is that the case is continued...
Sometimes, they may be investigating a serious case and it could take the police weeks or months to get the paperwork to the prosecutors.
A felony warrant is just a more serious warrant because it’s a felony charge. Most of the time, people could potentially face prison time on these charges. The police are a lot more likely to go out and find someone who has a felony warrant because they perceive that person as more dangerous. With a misdemeanor warrant, a person would probably be ...
It's not uncommon for the prosecution's witnesses to say something at trial that they either never said before (for example, when interviewed by the police) or that contradicts statements they've made in the past. When this happens, continuances are proper if the defense can show that the defendant:
the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. the defendant wasn't diligent in anticipating the evidence (for example, defense counsel failed to read forensic reports turned over by the prosecution ...
Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.
A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.
A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer. A judge probably won't grant a continuance if: the defendant has unreasonably delayed in getting a new attorney. the defendant has another attorney who is prepared for trial.
Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.
The Sixth Amendment guarantees criminal defendants the right to counsel, but that right has limitations. Defendants have the right to counsel of their choosing —within reason. When a defendant wants to change their defense attorney for another, the court must consider several factors before granting a continuance to allow the new lawyer to prepare. A judge may not arbitrarily insist that the case move forward when it's clear that a continuance is needed for a new lawyer .
If the defendant refuses to waive time in response to the prosecutor’s request for a continuance, the case can be dismissed. And even when the defendant has waived time, the prosecutor must obtain the court’s approval for a continuance.
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. 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.
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?
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).
The parties file what’s known as a “writ,” asking the higher court to review the evidence and the reasons given by the trial court for its denial. Most of the time, the lower court’s ruling is undisturbed, unless the higher court finds that it is unsupported by the evidence or due to flagrant abuse of discretion.
An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea. 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.
Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.
Vy Tummin is charged with assault and battery on a police officer. Vy claims that she reacted in self-defense to the police officer's use of illegal force. The prosecutor plans to show a videotape of the incident to the jury. The prosecutor also has prepared a file memorandum as a self-reminder about what portions of the tape to emphasize during the trial and why those portions are especially significant. Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.