Legal Question in Criminal Law in California

length of timebefore trial/sentencing

my friend's ex husband is in jail for almost 18 months and has yet to stand trial or be sentenced for his crime which he denies and pleads innocent to. His bail is $1,000,000. and he is accused of kidnapping, lying in wait, shooting a fire arm, and about 6 other things that carry up to a 20 year sentence served consecutively. My friend is the victim and they were going thru a divorce when he kidnapped her and tried to kill her so there are special circumstances involved. fortuantely he didn't kill her. He is in jail and has gone thru two private attornies and after exhausting his money now has a public defender. MY ??: how long does he legally have before the courts have to put him on trial and then sentence him? we are hoping he will be sentenced soon so my friend and her two son's can go on with their lives. but every six weeks he goes to court and asks for a continuance which is summarily granted. HOW LONG DO THE COURTS HAVE TO KEEP PLAYING THIS GAME WITH HIM? he is trying to prolong it so he won't have to go to a state prison where he really belongs.

Thanks...

Faye


Asked on 10/24/06, 1:54 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: length of timebefore trial/sentencing

There are somethings that your friend can to do.

1st contact the district attorney's office and speak to the person in charge of the case. Request that the matter be resolved as it is presently causing her great difficulty.

2nd Contact the state victim witness program for further assistance in dealing with this matter. She should be able to get financial assistance for counseling for herself and children.

3rd take steps to insure that she is notified of his release from custody. That is if somehow he is released on bail that she is notified.

4th if she moves she can have her new address kept confidential. He should not be able to get her address from the court.

5th she does not need an attorney to represent her in the criminal matter. Althoug she has the right to retain an attorney to represent her. She should consider an attorney for the dissolution and custody matters.

As a last resort she can be in court at his next appearance and as to speak when his case is called. The best approach in doing this would be to tell the deputy in the court room that you want to talk the districta attorney and then tell the da you want to address the court. Explain to the judge that these continuances are causing you and your family great emotional distress and you want the matter resolved as soon as possible.

If none of these options work then contact me for more ideas.

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Answered on 10/25/06, 3:01 pm
Law Office Law Office Law Office

Re: length of timebefore trial/sentencing

Well first of all, Please find a way to hire your own attorney. The public defenders "Don�t care". They have way to much work to do then to put their hearts into their cases. As to your other question your friends EX boyfriend has the RIGHT to a "seedy trial". The sixth amendment of the Constitution guarantees a speedy trial by an impartial jury in the jurisdiction where the offense was committed. However If one of his other attorneys waived his right to a speedy trial then he has to wait. Our law office would be more than happy to represent your friends Ex boyfriend in this matter. We are very skilled in criminal law and most of the criminal cases we do get "dropped" or we win at trial. Contact us today at 760.243.5121. You may call us 24/7.

Thanks and God Bless

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Answered on 10/24/06, 11:51 pm


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