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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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how many times can they postpone your case. this case was postponed

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how many times can they postpone your case. this case was postponed 10 times and lasting 4 mounth causing the defendant to travel 80 miles round each time. he was arested
and jailed for 2 days. the driver of the car put up his mothers house for the 1000 dollars bail.
They took his drivers liscence and id card and have not returned them. His public defender has not returned 15 phone calls. All because he was behind the wheel of his friends car To people can testfiy that he was not driving. does he have any recourse to solve this.
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me what state you are in?
Customer: replied 3 years ago.
New York
Expert:  Ely replied 3 years ago.
I am going to opt out of your question and open this up for other experts. My apologies for any inconvenience.
Expert:  Alexia Esq. replied 3 years ago.
Was this a DUI case?
Customer: replied 3 years ago.
yes
Expert:  Alexia Esq. replied 3 years ago.
Hi,

With regard to your post:
how many times can they postpone your case. No set rule I see on this. this case was postponed 10 times and lasting 4 mounth causing the defendant to travel 80 miles round each time. he was arested
and jailed for 2 days. the driver of the car put up his mothers house for the 1000 dollars bail.
They took his drivers liscence and id card and have not returned them. His public defender has not returned 15 phone calls. Many attorneys believe that many of them are useless and do more harm than good - never use a PD, if you can help it.

All because he was behind the wheel of his friends car To people can testfiy that he was not driving. does he have any recourse to solve this.
He ws behind the wheel doing what, if not driving? Were the keys in the ignition? Anyway, irrelevant to your question, so you need not go into that. He could have constitutional rights here and some statutory:

Generally, there is not a set amount of times a case can not be adjourned beyond - however, you do have a constitutional right to a speedy trial. However, you must invoke that right in writing, so you will need a lawyer (or do it yourself if you have time to study up) to file a Motion to Dismiss the charges based on a violation of your right to a speedy trial. Incidentally, I'd be surprised if your PD would do this for you, since he is employed by the state or municipality who is charging you and works closely with your Judge, Court and Prosecutor. You are really doing yourself an injustice by not having a private attorney whose livelihood and reputation depending on successful representation of their clients, and not just rolling with the court's and state's punches.

Check out this successful motion based on the right to a speedy trial:
http://www.law5141.com/Articles/2010-Two-DWI-Charges-Dismissed-Due-to-Speedy-Trial-Rights-Violations.shtml

And read here, for more:
http://www.duiattorney.com/forums/blogs/rachel-kugel/dwai-speedy-trial-new-york-6/


Good luck, they should be ashamed for the length of time here. But as you can see, the PD won't do a thing about it, and just let's it go on. If that isn't malpractice, I don't know what is.

Good luck, get some justice.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An Accept also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11743
Experience: 19 Years of Legal Practice Experience in this precise field.
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