A friend is currently in the detention center accused of real estate fraud on a criminal complaint/case,

Asked over 1 year ago - Rancho Cucamonga, CA

and a trial date has not set.

B friend is also a defendant accused of real estate fraud on a criminal/case that is related with A friend criminal complaint/case.

My question is, if B friend can file some motion or injunction to have the criminal/case postponed until after the conclusion of A friend's criminal complaint/case?

I do not believe this B friend is guilty of either the criminal complaints/case.

Also, can other civil cases that are related or associated with A friend's criminal case complaint also file an injunction as well?

Thank you in advance for your help!

Attorney answers (4)

  1. Joel Daniel Demant

    Contributor Level 5

    3

    Lawyers agree

    Answered . You're friend's attorney must ask the court to continue the case. Whether it is granted will depend on a lot of factors: the judge, the DA, how long they want to continue it.
    But criminal cases are often continued for a variety of reasons. Have your friend speak with their attorney about this and whether it is the best course of action.

  2. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . If the cases are related factually, then there will be a strategic advantage to the prosecutor, one way or the other, as to which case "goes" first. Very likely, one defendant or the other will get a really good offer for a plea. Or the cases may be consolidated. What I am saying, is that this issue won't likely be decided by the mere making of a motion based on timing issues or the convenience of counsel. The DA will figure out the best strategy and bring it to bear if at all possible, and it likely will be possible because the DA will make it possible. That's what prosecutors do. Fish swim and prosecutors press their advantages.

    As for the issue of the "related" civil trials, it is unlikely that a criminal prosecution will trail behind resolution of multiple civil cases. More often, what happens is just the opposite.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Mary Xinh Nguyen

    Contributor Level 8

    3

    Lawyers agree

    Answered . Generally, criminal cases will go forward even if a civil case is ongoing. Paying restitution or reaching a civil settlement always helps with mitigating liability in both cases. This does not necessarily effect the INS detention however.
    Your friend needs to get a good lawyer to handle these matters. Good luck.

  4. Robert Laurens Driessen

    Contributor Level 20

    2

    Lawyers agree

    Answered . This is something that your friend’s attorney would need to review and decide how to act.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more

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