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I have been a criminal defendant in Ark. awaiting trial for nearly 3 yrs. My Due Process rights have been violated.

Little Rock, AR |

I have been waiting since April on Motion to Suppress & a Breif In Support to be ruled on for nearly 1 yr. Arkansas Law states 30 days to rule on such motion. I have a hearing Monday on this and my public defender has stated he asking for a continuance again b/c the judge will be absent. That should be against the state and not me for tolling. How can I make the judge rule on this Monday?

Attorney Answers 3

  1. Best answer

    You might want to think about insisting on a ruling on Monday. Sometimes one wants a specific judge to hear a motion, whether or not you think you will win. It is a matter of tactice and strategy.
    As you wre using the internet and I know of no jail that permits access, I believe that you are out of custody. Wonder what the problem is with the case dragging on. Tends to make the defense case get better on occasion.
    As suggested, have a talk with your attorney. A long one about what he/she is doing and why and then shut up about it.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  2. You need to get things straight with your attorney because there is no doubt that you have been in court and signed paperwork for continuances OR you missed court and they noted your failure to appear and that gave the state more time to deal with your case. Talk to your attorney and understand what is happening. Don't leave the meeting until you understand it.

  3. I would recommend following the advice of the Public Defender here. Each judge has their own peculiarities and he/she may want a particular judge for that very reason. For the best result, patience is sometimes needed although it is frustrating to deal with the matter hanging over you for so long. Good Luck

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