Legal Question in Criminal Law in Minnesota
Time for reasonable defence
in a case of possession of marijuana where defendant was ''recharged'' and notified by mail of same. This followed the testing of the substance that had not previously been done.
The charge was enlarged to More than 1.4g in a motor vehicle. Question then is: How long after being charged does the defendant have to prepare a reasonable defense?
1 Answer from Attorneys
Re: Time for reasonable defense
There is an old saying that: "There is one answer to every legal question: 'it depends.'"
That would apply here. It depends upon numerous factors. Typically, most court will schedule court dates about 90 days or more apart. With the three, typical default court dates (first appearance, settlement conference, trial), that would usually mean about 3 months between first appearance and trial dates. Obviously, a court could schedule dates closer or father apart. A lawyer can usually get the court to either provide more time for trial preparation, or a more "speedy trial" date, upon request(s). A lawyer demanding a pretrial, contested evidentiary and probable cause hearing could affect this, as could other factors.
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