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In a murder case what is the reason or the cause that a

Customer Question
In a murder case...

In a murder case what is the reason or the cause that a judge reschedule a sentencing and how long can he do this for.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Louisiana

Lawyer's Assistant: Has anything been filed or reported?

Oh yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, this is pertaining to my nephew who was shot and killed by a person he dated. The killer was in jail but out on bail. She has had baby while out on bail. The judge has rescheduled because he wanted to attend extracurriculum activities twice. it has been almost two years for my nephew but this female is walking free it seems.

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
12/28/2017
Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Legal
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

The Court has ultimate discretion to allow or order a continuance for a sentencing hearing. All that the party has to prove (or the Court has to believe) is good cause, which in itself is ambiguous and is on a case by case basis. The continuance can be requested by the prosecutor or defendant, or, done by the Court sua sponte (on its own).

Do not worry - the Court will get to it. However the Judge has discretion and it is not unusual for it to take months. Over a year - a little uncommon but not unheard of.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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