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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4396
Experience:  Almost 12 years of legal experience, primarily in criminal law
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in pennsylvania if the da waits till 2 30 friday afternoon

Resolved Question:

in pennsylvania if the da waits till 2:30 friday afternoon to notify your attorney that your case will be tried monday at 9am and you are out of town is that reasonable.also know that monday would be day 363 of 365 at which point case could be thrown out
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.

Hello.

 

No, it is not reasonable. You are supposed to be summonsed for court within a reasonable time for you to respond and prepare for trial. So your attorney should be able to request a continuance, especially since you are not even in town.

 

I am confused by one thing, however. The DAs generally do not have control over a court's docket and when cases are tried. That is usually within the discretion of the court, not the prosecutor. So the prosecutor should not be able to force your case to court like that. Only the judge really has the power over his/her own docket.

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