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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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it was the court not the da who notified counsel

Resolved Question:

it was the court not the da who notified counsel
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

OK, that makes more sense.


However, I would still suggest that your attorney has very legitimate grounds for asking for a continuance. If you had no way of knowing that you needed to be in town, and you are now out of town, it is fundamentally unfair to demand your presence in court with three days notice (and not even a full business day's notice). Especially since your attorney might withdraw his appearance and won't represent you at trial without additional payments. You should be able to request more time to obtain another attorney to represent you. The law only requires that you have actual notice of the court date, which you had when your attorney was contacted. But most judges would take into account the fact that you had no notice when you left town, and will extend the trial date to accommodate that.

Customer: replied 7 years ago.
its not that he wont rep me i thougt there would b an issue with the speedy trail thing
Expert:  Hammer O'Justice replied 7 years ago.
Well, by scheduling the trial for tomorrow, the court is coming in under the time where your speedy trial right would be violated. And if you ask for a continuance, that counts against your speedy trial arguments. The only time that counts against the State for your speedy trial are postponements that are requested by the prosecutor or the court. Your postponement requests are not included in calculating the time for your speedy trial rights. So basically, you can go to trial tomorrow and your speedy trial rights won't be violated, or you can request a continuance, which does not give you grounds to assert your speedy trial rights because it is your postponement. I'm guessing that setting the trial for Monday was the only way they could make sure that your speedy trial rights weren't violated, by either forcing you to trial or forcing you to ask for a continuance. Either way, they have managed to avoid running afoul of your speedy trial rights and have put the onus on you.
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Customer: replied 7 years ago.
thanks 4 ur time & 4 conformation on what i was thinking