I am assuming this was a preliminary hearing that we're speaking about... if not please let me know. Preliminary hearings are very common and are fairly easy to schedule and reschedule... depending on the indulgence of the judge. If the state is not able to produce the witnesses against the defendant in a timely manner then the case would be dismissed for failure to prosecute, however the state will be given a few chances to produce their witnesses if the reasons for the delay are sufficient and the delay does not substantially impair the defendant's ability to defend himself.
He should likely speak to his attorney about filing a motion for speedy trial at this point since the delay could potentially trigger a parole violation while the charge is still pending. Once filed, a speedy trial demand begins a tolling of time during which the state must finish the case. While there are often generous windows of time in which the state may operate, demanding a speedy trial makes a note for the court to pay attention to the delays in this case. It will make it harder for the state to get anymore continuances.
Please reply if I can assist further.
but if the victim wrote the check to the defender and the defender left his home to go cash it in he know the defender was coming back why he a called the police they went to a bank together in the defender stay in the cabwhile the victim went in by hes self in the cab drop them back off at the victim house the defender ask the cab to want on him so he started curse the cab driver out she called the ploice in they force him to say that. that why he didnt show up the first time
What I said above still applies. However based on what you said it doesn't appear the state will ever be able to produce a credible witness. If you can find this person and they sign an affidavit about what really happened, it could be used to get the prosecutor to dismiss the charges. Otherwise, his attorney will need to trigger the speedy trial and wait for the prosecution to fail in producing their "witness".
There is really no set amount. It all comes down to what the judge deems reasonable but when you file a motion for speedy trial then the timeline gets more demanding on the state. The motion for speedy trial puts everyone, particularly the judge, on notice that the defendant feels he/she is being prejudiced by delay and will have appellate courts review each and every continuance and delay. Continuances will generally be much harder to get after the speedy trial demand has been filed.
Any allegations can be false. Any false allegations can be disproved in court. However, every case is factually independant and each case depends on the facts that can be proven in court.
I should also point out that while the criminal case may be dropped, the parole violation could stand on the allegations alone. Many jurisdictions permit hearsay statements to be used in parole hearings. While I doubt they would be admissible in criminal court, I suspect they would be admissible in the parole hearing.
One of our other experts mentioned something to me that I think is worth repeating. Most states have victim/witness intimidation laws that bar any sort of behavior that would cause a witness or victim to refuse, recant, or change their testimony. Therefore you should be very careful in speaking with the victim, should you choose to do so, and make sure you have an independant witness (preferably a lawyer) who is with you during the conversation.
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