my son was arrested in Arizona in july 2011 for armed robbery, kidnapping and aggrivated assault.his trial date was scheduled for 12/01/2011 but the state isn't going to get dna evidence back until after the trial date begins. what does defendent did not waive applicable time limits and it is order granting motion to continue vacating current trial date and resetting it for feb 2012 and it is further ordered excluding all time from 2012/01/2011 through 02/06/2012(64days) mean?.
2 Answers from Attorneys
This is a complex matter and something that you will need to consult an attorney in person on. Please call my office at 480-755-7110 and schedule a consultation on this matter.
Thank you,
Marc J. Victor
Presumably you have an attorney representing you. If so you should speak to him/her about your question. If you do not have a lawyer, you need one; you should not represent yourself in court on any matter let alone something serious like your case. Generally though, and if I understand your question, it appears the court granted the government's request to continue the trial over your objection, finding good cause to extend/waive the statutory speedy trial time line. I would need to know much more to be able to intelligently assess what in fact happened, whether you or your attorney should have or did object, and if the court's ruling is legally supportable. The reference to "excludable" time simply means that the time between the preexisting trial date and the new (or next) trial date will not be counted in calculating the amount of time that the court/prosecutor has to be bring your case to trial, something that could be challenged on appeal if you are convicted of a crime after trial.
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