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I have a no contact for my wife and kids in a criminal case can the judge in our divorce case order timesharing?: Does the divorce court judges ruling cancel out the no contact for the kids ? Do I have to go back and get the judge in the criminal case to amend his ruling?

Asked almost 2 years ago in Criminal Defense

Arthur’s answer: You will need to get approval for contact from both the Criminal Court and the Family Court. Ideally, the Order from the Criminal Court will state that your probation or no contact order will track the ruling from the Family Court to avoid your having to go back and forth between the Judges.

Answered almost 2 years ago.


Waiver of Speedy trial?: What exactly is a waiver to a speedy trial? I have a pretrial conference on August 12th. Does this mean it will be cancelled?

Asked almost 2 years ago in Criminal Defense

Arthur’s answer: Speedy trial is the time limits that the State Attorney and the Court have to take your case to trial. Misdemeanors must be tried within 90 days and Felonies within 175 days without a "demand" for speedy trial. If speedy trial expires and was not waived, then the lawyer must file a notice that the speedy trial has expired in order to take steps to have the case dismissed.

Speedy trial can be demanded as well as waived. Once it is demanded certain time limits are initiated. The State and Court have 60 days to get the case trial. These deadlines can be useful to put pressure on the State to get a better deal or get the case dismissed.
Speedy trial is waived for a number of reasons. The most common are to give the defense time to look at evidence, interview witnesses and to file motions. Talk to your attorney about the reasons that he or she waived speedy trial.

Answered almost 2 years ago.


I served the otherwise cooperative witness a subpoena, but she says she can't make it to court.: This is for a battery case, and this witness can prove I was acting in self defense. She has been otherwise cooperative and has agreed to come testify on my behalf, I subpoenaed her as well. I let her know that the trial would be this week two weeks prior, now that it is trial week she says she has to go out of town and has already spent 800$ on tickets, hotels etc. I have offered to reimburse her if she showed the receipts but she won't respond. Jury selection has already occurred and I don't see the judge allowing another continuance. I have a PD but she's busy and usually takes days to return my calls. Any advice?

Asked about 2 years ago in Criminal Defense

Arthur’s answer: Once you are represented by an attorney and jury selection has already occurred you are stuck with their services absent extreme circumstances. A judge can order your witness to be held in jail pending testimony if the witness was served. Keep in contact with your attorney as best you can.

Answered about 2 years ago.