How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15920
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

how many times can a court date be continued in a criminal

Resolved Question:

how many times can a court date be continued in a criminal case such as violating a restraining order?

the reason for this question is this....
There is a certain individual who is restrained from seeing me and our child together who's 5 months old. He got arrested on April 1st this year for violating the restraining order. His first court date for that was in May which I found out from the Hall of Justice that it got moved to June 15th. I called the Hall of Justice back yesterday and I was told that now it’s moved to July 13th. We have our last restraining order hearing coming up next Wednesday.

I just want to know….is there a maximum number of times that he is allowed to keep continuing the court date for his violation? I’m just wondering if I should ask the judge for a continuance of our hearing on June 23rd until the criminal case is resolved on July 13th. As far as I’m concerned, I will be asking the judge to keep the restraining order in effect as long as I can.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Chat Conversation Started
FranL :

This is not a question that has any real answer. Cases get continued for all kinds of reasons, and it's not the number of continuances that matter but the reasons for those continuances. A defendant in California does have the right to a speedy trial. Here is the law as to Speedy Trial in California, which looks pretty favorable for the defense, But in fact, very few cases actually get dismissed on speedy trial grounds because the speedy trial "clock" can get stopped on consent, for administrative reasons, or upon a showing of good cause.

It is not unusual for a trial-bound case to pend for a year or more before it finally proceeds.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.




Customer:

for the (restraining order) matter in family court, will the judge consider my request to maintain the order if i state that i am truly afraid of this person? i am just nervous that the restraining order will be dismissed without my consent.

FranL :

You posted this matter in the Criminal Law category. Is there a defendant being prosecuted for violating this order? If there is, and you have a Family Court order, the fact that the defendant has violated the order and been arrested will be good evidence that you have a clear and convincing reason to be afraid of this defendant.


 

FranL :

You know, of course, that you'll have to come to court for the judge to grant you the extension and that the defendant will get a chance to show evidence that he is not really a threat to you. But a judge would be able to decide on the basis of the evidence, and generally unless something looks way out of line, they would be inclined to extend the order.

Customer:

what would you recommend the best or effective approach to this?

FranL :

This is a Family Court hearing, I'm assuming. The purpose of it is for you to demonstrate that you need the order. You'll get the opportunity to present whatever evidence you have. If the defendant has been arrested for violating the first order, you could present that to the judge. If you have witnesses that have been with you when he's threatened you or harassed you, or put you in fear of the defendant, they would get an opportunity to tell the court what they saw.

FranL :

If he sent you any correspondence that threatened or alarmed you -- email, text messages, letters, you could show this to the judge too.

FranL :

This is a hearing and a lawyer isn't necessary. The judge would help you through it.

FranL :

(or should anyway. .. )

FranL :

If this is a Criminal matter, a DA will be there and will prepare you for testifying before you have to do so.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15920
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Expert:  Zoey_ JD replied 4 years ago.
Chat Conversation Ended

Your expert is gathering additional information and will be back with you shortly.
Expert:  Zoey_ JD replied 4 years ago.
Hello,

I got word that you posted an answer but I can't find it on the thread. Sometimes LiveChat "eats" answers. It's new and still has some bugs. I've moved us back to the regular Q&A format. Can you repost your reply so that I can respond to it?
Customer: replied 4 years ago.
i believe that he does have an attorney for the criminal matter which i'm almost sure that attorney will be present before the family court judge. at this point, though you stated that an attorney isn't necessary, should i be worried or concerned about not having one to present me?
Expert:  Zoey_ JD replied 4 years ago.
Hello,

Very sorry for the delay. I went out to dinner with my daughter.

In general, I believe that if people have court matters, it's always a good idea to have a professional representing you than to go it alone, but plenty of people go to hearings such as yours and represent themselves. And if your ex's lawyer bullies you too much, it will probably make you look like you need the order more and not less. Of course, if you can afford a lawyer and he has one, having one certainly can't hurt and may help.

Still, this is not the kind of hearing for which a lawyer is absolutely necessary. If your ex has been violated already for his failure to abide by an order of protection, I can't see why on earth the judge wouldn't grant you an extension. But if you can't afford to get a lawyer, you could probably swing by a Legal Aid office on some day before your hearing date, show them whatever evidence you have and get some quick pointers if you're feeling insecure about it.

But unless there's something you haven't told me, I think this is extension is going to go your way with or without a laywer.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close but you can continue to post follow-ups on this thread if you need clarification.





Customer: replied 4 years ago.

since he requested for a continuance in july on the criminal case, should i request in our hearing next wednesday to have that hearing be continued so that he settles the criminal case first?

 

i think that his attorney may have purposely asked to extend it in hopes that my case would be dropped and the current order enforced by the criminal court judge would only be good for a year or less, if he completes any program asked of him.

 

i'm just trying to protect myself.

Expert:  Zoey_ JD replied 4 years ago.
You're probably right that his lawyer is hoping that you will drop charges on the court date. But as you do not intend to do that, the lawyer's strategy isn't going to be of great help.

A civil protective order lasts longer than most criminal protective orders. On the other hand, a criminal protective order has more teeth. And though it may only last a year, you can get yourself another Family Court order after it expires anyhow if you still have a legitimate reason by then to believe by then that you still needed one.

I think my point is that either way you go, you're going to get your order, and I don't think you're likely to be disadvanted whether or not you get a continuance.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close but you can continue to post follow-ups on this thread if you need clarification.






Edited by FranL on 6/19/2010 at 1:54 AM EST
Customer: replied 4 years ago.
What takes precedence over the other? What I mean by that is if I do go forth with the civil hearing next week and I do get my order, could that order be overridden by the criminal one placed for X amount of time (most likely the year that's already set)?

Lastly, what are the pros and cons of postponing the civil hearing for a later date (until his criminal case is done) vs getting it over with now and hope that it'll be in my favor?
Expert:  Zoey_ JD replied 4 years ago.
If you have a criminal case, then you already should have an order through the criminal court system. It will be extended through the duration of your criminal case, and if he takes a plea or gets convicted of what he's charged with, it will become permanent for a statutory period afterwards. If he's already been convicted of that first case and the criminal order of protection lasts a year, then it would be a year from the sentencing date on that case. But if he's also convicted of a violation of that first order, you'd get another order that would extend from that sentencing date too. The length of these orders depend on the level of the crime for which the defendant is convicted. So if the violation of the court order is a more serious offense than whatever he did in the first place, the order of protection for this offense should take longer to expire.

I don't think it's a matter of one type of order taking precedence over another. Sometimes though, if an order in criminal court keeps a defendant away from his spouse and home, an order in Family court could override some part of the criminal court order in that it could allow the spouse some vistation rights to his children where, as long as he he refrained from harassing or bothering you, he could not get arrested for seeing the kids. I don't know if something like that applies in your situation. If so, that may be why he wants the criminal matter over with first..

It's really not possible for me to be able to strategize two cases -- one criminal and one civil -- about which I know absolutely nothing. And with two pending matters being actively litigated, you can't (and shouldn't) lay out nearly enough details for me here over the internet. I think that as long as you do presently have an order in effect, whether you agree to a continuance or not, you are not harming yourself, but again, I say this on very little information. As you are working with a prosecutor already on the criminal matter and he or she knows all about the background of this case, he would be in a much better position to advise you than I as to strategy. You should give him a call. You are a complainant and he would always be willing to speak with you about your concerns.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.