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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33555
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I have a friend who was charged with telephone communications

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I have a friend who was charged with telephone communications last December by his ex-girlfriend. He has since had 3 court dates and she has not shown up to any of them. How many times can they continue a misdemeanor case?

Dwayne B. :

They can continue doing it until his attorney files a Motion for Speedy Trial and sets it for trial.

Dwayne B. :

There is no specific number of continuances.

Customer:

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.

Dwayne B. :

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.

Customer:

How soon will the trial be if he does that? Is there a certain time period that the court is required to schedule one?

Dwayne B. :

No, no specific time. It is usually in a month or two.

Dwayne B. :

It depends on that court's schedule.

Customer:

I'm looking it up now, it says it must be filed 45 days after the arrest. It's been 10 months

Dwayne B. :

What must be filed 45 days after the arrest?

Customer:

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."

Dwayne B. :

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.

Customer:

Okay so he should be able to file it and have a trial soon. Is there any reason he would get denied for this?

Dwayne B. :

No, no reason.

Customer:

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

Dwayne B. :

Because its easier than having to do the paperwork that dismisses the case.

Customer:

And most likely a way to get money out of him I'm assuming.

Dwayne B. :

He may decide to take a plea, etc. It's a racket.

Customer:

Sounds like more of a pain in the ass than anything honestly.

Customer:

Thank you for your help

Dwayne B. :

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.

Dwayne B. and other Criminal Law Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.