Legal Question in Criminal Law in Ohio

Continuance

In my son's criminal proceedings, the Judge said my son asked for 13 continuances. He had a Public defender and he had an assistant to the Public defender. My son said he was in court only once, besides wouldn't the lawyer be the one to ask or sign for the continuances? I have all 13 of the continuance documents and not one of them has my son's signature on it. What this document is saying in my opinion is that the lawyer never showed in court 13 times. Can someone tell me what's right or wrong about all this?


Asked on 4/15/09, 9:29 pm

1 Answer from Attorneys
Edward DiCato Edward DiCato Attorney at Law

Re: Continuance

On rare occasions, I have seen a continuance granted without the consent of the defendant. It is not uncommon. Most of the time, a form is used where the clients signature is reuquired. Either that, or it is done in court with the defendant present. An attorney may file a motion to continue and it may be granted without an indication that the defendant consented. In these cases, the attorney should get the verbal consent of the defendant before filing. An attorney should never get a continuance without at the very least notifying the defendant. Best regards, Edward DiCato

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Answered on 4/15/09, 10:58 pm


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