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DA Keeps rescheduling with very little notice?

Orlando, FL |
Filed under: Criminal defense

I have a criminal case pending in another state. The DA keeps rescheduling it over and over (for over a year and a half now). He only gives me about a week's to two weeks' notice that it has been rescheduled, knowing I live in another state and making the trip is very difficult. (I have to get sitters, someone to watch the house, vacation time, make hotel reservations, etc.) Is there nothing I can do about this? I live in FL and the case is being held in NC. I mean, this is ridiculous. I am losing tons of money everytime he reschedules as it is too late to get my vacation time back and my reservation money back. My lawyer says there's nothing he can do. "the DA’s control the calendar in NC and there’s nothing we can really do about it."

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Attorney answers 6

Posted

This doesn't sound reasonable. It's the defendant who has the speedy trial right. Nevertheless, your attorney might have a talk with the DA about this situation, informally. If they keep playing games, your attorney might file something with the court that ensures the court and the DA knows that you are out of town and this is causing a financial hardship. Maybe your lawyer can get a court order to appear on your behalf without you at non-essential court hearings. Not sure that's permitted in NC but it's possible.

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Posted

Anthony is absolutely correct, if the DA can control the calendar, then they should have the same influence on whether or not you are required to appear from out of state for hearings like the ones you described above. Not unreasonable request at all in this circumstance.

Posted

I'm in agreement with the other answers posted. Unilaterally continuing a case repeatedly for years seems unfair. Here in Florida, a defendant can demand a speedy trial, and must be brought to trial within 60 days of the date of that demand (there are some additional qualifiers to this rule.) You might consider contacting another local attorney in NC to see if there is any similar rule there, and, if so, if he or she would be willing to pursue that course of action on your behalf. Good luck.

Posted

Ask your lawyer if he can waive your appearance in court. He should be able to ask the judge depending on NC law. I am not licensed in NC.

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Posted

You should do what your lawyer tells you to do. We are at a loss because we do not know if anything can be done. It is a NC case. Each criminal defendant must feel about the same way, even if in NC.

R. Jason de Groot, Esq., 386-337-8239

Posted

I would recommend posting this with a North Carolina tag so someone with more localized knowledge can assist.

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