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Can we extend court trial date just before two days of trial…

Can we extend court trial...
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.
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Answered in 26 minutes by:
7/13/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

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Thanks for your patience while I typed up my response!

Generally a continuance is not granted this close to the eve of trial, however there are of course extenuating circumstances where it is.

For the most part, a continuance will only be granted at this point if there is newly discovered evidence or a newly discovered witness, or perhaps a witness with whom the defense was previously unable to get in contact with but who has now reached out.

However for any of these options, the defense would also need to be able to demonstrate that they have previously made good faith efforts and that the new evidence or witness is in fact new evidence.

Non-legal reasons of course may also be the cause for granting such a late continuance, such as serious illness requiring hospitalization or the death of a loved one.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more.The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 year ago
Can we get extension if defender needs to travel from other country.

Yes, however this is something that is foreseeable and which can be planned for, so typically an extension on this basis would need to be requested more than 2 days prior to trial, or it's very likely that the judge may view it as not being in good faith.

If that happens the judge could even deny the extension and issue a bench warrant for a failure to appear at trial, which would then result in the defendant being detained upon entry to the US, held in custody, needing to be bonded out, and then having a new trial date set.

Gentle reminder: please take a moment to leave a positive rating for my help with this question before leaving the page. Follow up questions can still be asked after. Thanks!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Customer reply replied 1 year ago
Thanks. If defender entering into US before trial date, while checking at entry by Cbp or immigration department have records that this person arrested earlier and trial date is due.
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