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Roger, Attorney
Category: Legal
Satisfied Customers: 26576
Experience:  Litigation Attorney
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If a person has been charged for by a soon to be xwife

Resolved Question:

If a person has been charged for rape by a soon to be xwife involving a minor who keeps changing her story and hasnever been to trial due to postponement after postponement be unable to get a job? He has acourt appointed attorney and doesn't get many or any answers. Every time it comes up for trial it gets pstponed and this has been going on fir over a year. This is a charge in kansas and involves an elevenyear old step child that did not like discipline. This is coming up on a background check or something. Whathappened to a speedy trial or innocent until proven guilty?
Submitted: 11 months ago.
Category: Legal
Expert:  Roger replied 11 months ago.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Roger : Are the continuances done with consent of both sides, or is it one party asking and having it granted?

When his attorney contacts him she says it has been continued. I s,am u aware if he gets to protest this continuance.

Roger : Ok. If the continuance is being consented to, then it would be hard to claim that he's been deprived of a speedy trial.
Roger : If it has been contested by the attorney and allowed each time, then he could file a motion to dismiss based on the trial not being speedy.
Roger : A motion may not be granted, but it could get him a trial date and get this matter over with.
Roger : Usually, when the prosecution stalls, it's because the evidence is weak and they're buying time to try and develop the case.

Can his court appointed attorney agree to a continuance without his approval or because of her case load? so he should ask his so called attorney to get it dismissed or go to trial?

Roger : He is also presumed innocent, but an employer can choose not to employ someone with pending criminal charges.
Roger : His attorney should not agree to a continuance without consulting him.

f this comes to trial or dismissed for lack of evidence is there legal action that he can take against her?

Roger : It's possible to file a lawsuit for malicious prosecution or abuse of process if you can prove her claim was frivolous.

Ok well it seems like we are stuck. Will suggest that he expresses to his attorney NO MORE CONTINUANCES and go to trial or dismiss the charges. maybe even try to get another attorney, but afraid this will delay it further,

Roger : That's the best was to stop the continuances.

Well thank you. Just seems so unfair to have to go through this and not be able to get employment on someones vindictiveness

Roger : It is a difficult situation, but the only thing he can do at this point is demand a trial date and get this over with.

We will insist on that. Didn't know we had that option. Thank you!

Roger : Sure. Glad to help. Please let me know if you need anything further.
Roger, Attorney
Category: Legal
Satisfied Customers: 26576
Experience: Litigation Attorney
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