Legal Question in Criminal Law in Washington
'' 30 day buffer period and trial continuance''
If a public defender says that they have a 30 day buffer period, does that give them the right to push back a trial date without the consent of the inmate? The trial date set is more 60 days away and the inmate did not sign away their right to a speedy trial. Is there anyway that the public defender could put in a continuance without the agreement from the inmate?
1 Answer from Attorneys
Re: '' 30 day buffer period and trial continuance''
Thanks for the question. There is no legal term "buffer period" so the PD was just using terms to best explain the situation. I'm not sure what legal basis would allow the PD to take the case outside of the speedy trial period without the client's approval. There are some basis for continuance with the client's approval usually having to do with unavailability--of courtroom, party or witness. Perhaps one of these applies? If you learn more information please feel free to contact me directly with further questions.
At your service,
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