Legal Question in Criminal Law in Washington
How many continuances can be granted before a trial has to start and does it effect the statue of limitations for the crime?
I have friend who was charged with burglary. The prosecution has been granted several continuances because the accusers are now homeless and cannot be found. This has dragged on for almost a year now and the accussers and/or witnesses have not materalized. I beleive the statue of limitations for this crime is 3 years.
Does my friend have any recourse to prevent onging continuances? Do the continuances effect the statue of limitations?
1 Answer from Attorneys
The statute of limitations only limits the government's ability to charge the crime. Once it's charged, those limitations no longer apply.
Generally, a case has to be brought to trial within 90 days of the first appearance in court. But, under our court rules, there are many ways for the court to decide to extend that deadline out. It is not uncommon for a criminal case to take nearly a year to get resolved.
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