They can continue doing it until his attorney files a Motion for Speedy Trial and sets it for trial.
There is no specific number of continuances.
Even though this is a simple misdemeanor? I mean he is in court with traffic violations and other lesser cases. Something like this shouldn't even require a trial.
Yes, that is correct unless the DA chooses to dismiss it. If he sets it for trial after filing a speedy trial motion and she doesn't show up the DA will likely dismiss it at that time.
How soon will the trial be if he does that? Is there a certain time period that the court is required to schedule one?
No, no specific time. It is usually in a month or two.
It depends on that court's schedule.
I'm looking it up now, it says it must be filed 45 days after the arrest. It's been 10 months
What must be filed 45 days after the arrest?
Maybe I'm reading it wrong... "(1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within forty-five days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony."
That's not the Speedy Trial provision, That covers someone being held in jail without an indictment. The US Supreme Court just looked at this issue this year in a case where someone had waited seven years for a trial.
Okay so he should be able to file it and have a trial soon. Is there any reason he would get denied for this?
No, no reason.
Okay thanks. I'm also not understanding why the case keeps continuing if she doesn't show up. It's obvious she isn't concerned so why should the court waste their time and his
Because its easier than having to do the paperwork that dismisses the case.
And most likely a way to get money out of him I'm assuming.
He may decide to take a plea, etc. It's a racket.
Sounds like more of a pain in the ass than anything honestly.
Thank you for your help
You're very welcome. Best wishes to your friend on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.
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