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What happens if the D.A. is still not ready to go to trial?

Fresno, CA |

At the pre-trial confirmation for a murder case, the D.A. said he wasn't ready so the judge continued the pre-trial confirmation to the next week. What would happen if the D.A. is still not ready?

The attorney said that there will be no time waivers because the best thing to do right now is have a speedy trial, which will be on the 25th if the D.A. does not dismiss and refile.

Attorney Answers 4

Posted

Odds are, the court will put it over for another week. It seems the DA might be having trouble coordinating his witnesses.

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Posted

If the DA is still not ready and you insist on your sppedy trial rights, the DA can dismiss but refile. If you have waived time, you would have to pull your time waiver. But shouldn't you be talking to your attorney? They would know best and none of us are going to second guess your attorney when we know nothing about the facts.

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Posted

Ask your attorney. More likely it will be: (1) continued; or (2) dismissed and refiled.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Asker

Posted

My attorney said there was a high chance the D.A. will dismiss and refile, but if it does gets dismissed, would it be refiled automatically?

Posted

The answer really depends on the status of the time waiver. If there has never been a time waiver (almost always a time waiver in a homicide case), the trial must take place within 60 days of the arraignment on the information. If a time waiver is given, the trial must start within a reasonable time (in Fresno the judges usually define that as 60 days from date time waiver withdrawn). The more experienced lawyers give specific time waivers versus general. The DA will only dismiss and re-file if the deadline for trial gets to the last day and the DA is still not ready.

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Asker

Posted

So if the case gets dismissed, it automatically gets refiled?

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