0
How long can a defendants attorney postpone a trial once charged?
Wiki User
∙ 12y ago
Only as long as the Constitutional safeguard of "Speedy Trial" allows. While either the prosecution or the defense MAY request a waiver of "speedy," the other side MUST agree to it, usually set at 90 days. If the defense attempts to stall, eventually the prosecutor OR the court (in an effort to clear its docket) will apply pressure to the defense to plead their client, or go to trial.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
Can a judge say he thinks you're innocent but has to charge you with something?
The judge doesn't charge defendants. The judge presides over a trial when a defendant is charged by the prosecuting attorney.
How many times may a defendant change attorneys?
I do not believe that there is a 'set' number of times. Defendants do have the privilege of changing their attorney's "for good cause." But a defendant cannot postpone his trial indefinitely by using this method. Eventually the judge will assign him an attorney the judge knows to be competent and the trial will proceed with the defendant's approval, or not.
Can you fire your lawyer one week before trial?
Maybe. The judge decides.Another View: You have the right to discharge your attorney at any time - HOWEVER - the court will not countenance "firing " your attorney on the eve of your trial as a ruse to postpone the proceedings.
Can you represent both yourself and your spouse in a civil court trial if you are both named defendants?
If you truly are "co-defendants" in the same suit, yes, theoretically you could - but I strongly advise you to consult or retain an attorney.
What type of defendant is the least likely to be released pending trial?
Defendants that have a history of fleeing before trial, those charged with violent, sexual, or heinous crimes, and those with already active warrants.
What legal rights were given or taken from gideons?
Gideon v. Wainright 372 U.S. 335 confirmed the right's of an indigent defendant in any criminal trial to have an attorney appointed to represent him. Prior to Gideon, attorneys were only appointed to indigent defendants charged with capital crimes.
Why does Gideon come to trial without a lawyer?
Because he couldnt afford an attorney to represent him in criminal court. The US Supreme Court ruled that criminal defendants will be provided with a defense attorney at government cost when the defendant cannot afford an attorney.
If your attorney and the judge for your case are co defendants in an unrelated separate trial is this a conflict of interest?
If a judge and a lawyer are under trial, they shouldn't be practising. You can probably apply for a mistrial or something, under conflict of interest or incompetency.
What is a litigator?
An attorney who does trial work.A litigator, to define one simply, is a lawyer. This lawyer specializes in contesting criminal and civil litigations and represents defendants in judicial procedures.
How many times can the Maryland court postpone before they have to drop the charges?
That is a question that you should be addressing to your legal counsel (public defender(?). To comply with the legal requirement of "speedy trial" both sides have to agree to a waiver of the "speedy trial" provisions before the judge will grant a continuance. OBVIOUSLY both your attorney and the prosecutor are AGREEING to postpone it.
What is litigate?
An attorney who does trial work.A litigator, to define one simply, is a lawyer. This lawyer specializes in contesting criminal and civil litigations and represents defendants in judicial procedures.
What types of cases are defendants in Virginia entitled to a trial by jury?
A criminal trial in which the plea is "not guilty"
