Legal Question in Criminal Law in Missouri

fair & speedy trial

My son has been charged with disorderly conduct and has pleaded not guilty. At his first appearance in court the arresting officer didn't show, so the prosecution was granted a continuance. It is my understanding that each side is allowed one continuance.

At the second court date set for trial, the arresting officer did show up, and after being informed, (I had been allowed to approach the bench to ask questions to make sure my son understood the possible consequences he would be facing if he lost the trial), my son said he understood and wanted to continue with the trial. The judge asked the prosecution if they were ready, and they were. We were instructed to have a seat until he was called to trial. Shortly thereafter my son was called up for trial, but the officer had left. The judge gave the prosecution a second continuance.

At our Third appearance for a trial, again the officer was not there. The judge ordered a Third continuance for the court, over my son's objections that this was his third appearance for trial and he was ready all three times, but the prosecution was not. The judge said he wasn't convinced that my son was sure about wanting a trial without an attorney!???

Is there anything we can do?


Asked on 11/21/08, 1:17 pm

1 Answer from Attorneys
Stephanie Galetti Knapp Ohl & Green

Re: fair & speedy trial

I would definitely go speak to an attorney. It may depend upon whether your son was charged with an ordinance violation (typically no threat of jail time and, hence, less rights in terms of speedy trials/appointment of attorney) or a misdemeanor (in which case those rights should apply). If this is a case that is subject to speedy trial demands, I would file a demand for such immediately and cite therein the multiple continuances. You might also be in a position to file a motion to dismiss the charges altogether for want of prosecution (since the prosecutor has been unable/unwilling to proceed with the case on multiple occasions despite your willingness and ability to do so). Either way, get a motion up in front of the judge. You may be able to get it dropped, altogether. Think about speaking with an attorney who can best advise you based upon the actual facts, delays (amount of time), etc. Good luck to you.

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Answered on 11/21/08, 2:25 pm


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