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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?

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

How does one insist on a ruling?????? I perfer a special judge or another judge b/c the one present has tolled against me when it was not necessary and done some other things that are close to what I consider near misconduct. Have NO idea why this is dragging out. I demanded in writing a Speedy Trial in writing last time a I was present & all that happened was further tolling. That was Sep. I cannot get my atty to answer me or give me any reasonable or consistant feedback.

Posted

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.

Asker

Posted

I have missed no hearings, appearances etc... In fact the last time I was there for an Omnibus (that resulted in a continuance) I signed the paperwork "I DEMAND SPEEDY TRIAL." I have looked up Arkansas Rule & it states that no motion shall be helpd under advisment for a period of more than 30 days. We are exceeding 10 mo's & now this new bs. As far as getting things straight he allows me 5 min. phone calls & 1 e-mail per day. & what he says in person/phone is never backed up by e-mail. Its a wild goose chase getting any info sorted out consistently.

Patrick Owen Earl

Patrick Owen Earl

Posted

I am sorry for this. It shouldn't be this way. I wish you well and hope that you will be able to resolve your differences.

Patrick Owen Earl

Patrick Owen Earl

Posted

If my comments were helpful or the best you could mark it. Thanks.

Asker

Posted

Do you know what I can do?

Patrick Owen Earl

Patrick Owen Earl

Posted

This scenerio has never come up in my experience so I assume there is something that I am not understanding or reading or getting from you to explain the delay. I have had a few matters take a long time to try or settle but there were necessary delays on our part to get us to the end game.

Asker

Posted

Did I mark as best or helpful? I can't tell.

Patrick Owen Earl

Patrick Owen Earl

Posted

It says helpful

Posted

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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