During my second court hearing my case was continued and marked as must try I show up to my 3rd and the judge continued it. The ADA said there has been no contact what so ever with the witness but the judge continues it anyway. What can I do?
Criminal law has its own statutes, and rules of procedure. Those lawyers who do civil law are often not versed sufficiently in these matters. It is essential in any criminal matter that a criminal defense lawyer be retained to deal with the government and its lawyers.
This question is being directed to the criminal defense section of this service.
Philadelphia Municipal Courts are frequently willing to give Assistant District Attorney in their courtroom a few chances to get his witnesses together. Three shots is generally the rule, although unique circumstances sometimes justify a fourth or a fifth continuance. In your case it sounds like the judge marked the case must-try for next time so, if the Commonwealth is still not ready to go, the case will be ripe for a motion to dismiss.
That said, I STRONGLY recommend that you retain counsel. If you're invested enough in your criminal case to be seeking advice online, you're invested enough to sit down with an attorney to discuss the specifics of the matter and how you can get the best possible outcome.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.
Usually when a case is marked must be tried and the witness does not show up in Philly then it will be dismissed. If you do not have an attorney then it is likely that the ADA can continue it even after a must be tried due to the fact that you have no one there to speak for you on your behalf. This does not mean that every judge will throw it out. There can be other reasons that a case is marked must be tried and does not get thrown out. But if you do not have a lawyer you should get one immediately.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline