Legal Question in Criminal Law in California
Continual Post-Ponement of a Case
The DA did file within the year requirement, but they care continuing to post-pone the case due to failure of finding the Police Report.
Wanted to know how long they can continue to put the case off to find said report and what if any legal recourse does the defendant have if the report is never found?
2 Answers from Attorneys
Re: Continual Post-Ponement of a Case
If you have been arraigned, meaning you have been formally read the charges and entered a plea, usually of not guilty, then you have certain rights about the timing of the case, unless you have waived your right to have the case heard within the specified time limits. If you have not been arraigned and the case has just been filed, the length of time that passes that rises to the level of you being denied due process varies, but is usually one year.
Re: Continual Post-Ponement of a Case
Sounds strange?
Who is continuing the case? If a defendant consents to the continuance...or needs the continuance for discovery purposes, it could be OK.
Not sure from your question what the status of your case is thus I can only be very general in this answer.
DJM
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