Legal Question in Criminal Law in California

My fiance is being charged with murder.he got arrested in january and has had two court dates all which have been postponed due to the public defender having lack of all evidence.He has an upcoming court date but will be postponed again for another month also due to lack of evidence given to the public defender. From my knowledge all the evidence collected are statements.Is that enough to chanrge him for murder? Are they violating his rights by keeping him detained with no evidence or without a hearing?


Asked on 3/18/10, 5:25 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

If you're arrested on a felony, you have a right to a preliminary hearing within 10 court days of your arraignment when you enter your not guilty plea. The only way to get past that is to waive time. Do they have enough right now to go forward? I assume so, but his attorney is in the best position to know that. I'm sure, given the charges, that his attorney wants time to make sure what evidence they do (and don't have) against your fiance.

There may be additional lab tests (such as DNA, etc.) that his attorney is waiting for before going forward to preliminary hearing. The prosecution should be turning over whatever they have at this point. If they're not, his attorney needs to be more assertive in getting the discovery from the prosecution.

I'll tell you though, from past experience - it often takes several months to get to preliminary hearing in a murder case. From there, it can take many, many, many more months, if not a year, to get to trial. The stakes are life in prison. It's not something to rush.

If there isn't enough evidence against him, then it's worth it for his attorney to be ready to fight after reviewing all the discovery and try to beat the charges.

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Answered on 3/23/10, 5:35 pm
Brian McGinity McGinity Law Office

Mr. Dane's answer is right on and I agree with it completely. If you've been going to court, the next time listen to what the Judge asks your fiance or his attorney. You will probably something similar from the Judge asking your fianc�'s if he agrees to waive time.

Your fianc�'s attorney is probably conducting his or her own investigation and may be utilizing the time in order to develop more evidence. The public defenders that are assigned to murder cases generally know their way around the system and are very good attorneys. However, if you or your fiance have questions, then ask the PD what is going on. As Mr. Dane stated the stakes with a murder case are very high, and a good attorney wants to make sure they have all the facts and know the evidence and how it will be applied against their client or how it can be used for their client's benefit.

Good luck

Brian McGinity

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Answered on 3/23/10, 6:55 pm


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