Legal Question in Criminal Law in California

How long can the DA drag out a case?

My son is on trial for four felonies in California? He needs to have a plea bargain hearing before he can go to preliminary? The DA is never at these hearing (there have been 4)nor does the DA respond to the witnesses (they have been at all four and made regular contact with his office but he has yet to talk to any of them including the victm-who calls him daily)The victim does not want to testify and the witnesses cannot afford to take any more time off work? I am afraid if they quit cooperating it will hurt my sons case because then all the DA has left is an original statement from the victim and my son will have no witnesses to respond and will not be able to question the victim. If it goes to trial and he has no defense other than his word and they believe the original complaint he could be in trouble. Is there any recourse to get the DA to talk to the victim or the witnesses or can he just keep getting postponements (like he has) because he hasn't talked to them? It is not their fault he has not talked to them they have made themselves available for about three months now. If the victim does not want to testify can she be made to testify-she's pretty fed up with the DA avoiding her? The PD doesn't answer my son about how long


Asked on 9/18/04, 12:18 pm

3 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: How long can the DA drag out a case?

Thanks for your inquiry. Your son has to waive time to delay the hearings, so the simple solution here is to not waive time, and insist on his speedy trial rights.

I hope this helps, but if you have any other questions, feel free to email me directly at [email protected], and best of luck.

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Answered on 9/18/04, 2:36 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: How long can the DA drag out a case?

He does not have to have a plea bargain hearing before going to preliminary hearing. The course of action he should take would depend upon the circumstances of his case. Such as did he do it and does the DA have evidence to prove that he did it. Withdrawing his time waiver will force the da to proceed with his case. If the da is stalling to get more evidence then withdrawing his time waiver would be advisable. However, if he faces substantial time in prison then he should consider proceeding with plea bargain hearing.

His attorney is the only one in a position to explain why this is occurring. Talk to hois attorney.

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Answered on 9/22/04, 11:34 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: How long can the DA drag out a case?

If the victim does not testify then the D.A. will be unable to use her statement for exactly the reason you mention -- because your son's attorney will have no chance to cross-examine her. The out-of-court statement is hearsay and I don't see any way it could be used against him in the victim's absence.

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Answered on 9/19/04, 2:22 am


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