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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3989
Experience:  9 years legal experience, primarily in criminal justice
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AS A DEFENDANT,, ....i HAVE A CALANDAR CALL COMING UP.....i

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AS A DEFENDANT,, ....i HAVE A CALANDAR CALL COMING UP.....i M READY FOR MY jURY TRAIL. THE ASST DA, has already removed 1 of her witnesses after i presented info to her that discredited that witness and has mysteriously replaced that witness with a new one ( A week before the calandar call) She also plans to ask for a continuence because she says her main witness is on a maternity leave....Can I raise an objection to the continuence or at least asked for written proof?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.
Hello.

You can object to the continuance but it is not your place to ask for proof. Only the judge who is making the decision whether to grant the continuance can ask for proof if he or she requires it to make the decision. But you can certainly object to the postponement request and let the judge know you are ready for trial.
Customer: replied 5 years ago.
Really........

So if i were to say i have heart surgery coming up the 3 days after my calandar call ....and needed to back my court date up ....the Da coudn't ask for proof of such an operation????
furthermore if I object would'nt I be asked : on what grounds?
Expert:  Hammer O'Justice replied 5 years ago.
The DA doesn't answer to you with regard to their preparedness for trial, s/he answers to the judge. And vice versa. If the judge requests proof it has to be provided. Judges don't generally request proof from prosecutors because prosecutors are officers of the court and have a duty of truth to the court. If you told the court you were having open heart surgery, it is not up to the DA to request proof, but the judge. At the end of the day, the judge decides whether to postpone a case and the judge decides whether he or she needs further proof to support that postponement request. Not you, and not the DA.

The grounds for your objection are that the trial was scheduled to start that day and you are prepared to proceed so the DA should be prepared to proceed as well. The request will probably be granted anyway, as judges generally consider medical issues to be acceptable grounds for postponing a case.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3989
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 3 other Criminal Law Specialists are ready to help you

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