Regarding a Judges unlawful ruling in a pre trial motions hearing.Case should of been dismissed! What can I do to fight this before it going to trial?
Question Details: 10/22/09 PreTrial Motions Hearing on a Harvey-Madden Motion and Arizona v.Gant 2009.DA granted continuance last month to review them and get the witness' she needed.Case got handed to a stand in for DA night before. She only subpoenad the arresting officer but needed the dispatcher.Judge stated the moving papers are writen clearly and he was disdurbed that she didnt do her job but He couldnt merely let the defendant off the hook do to there mistakes and his sympathy went to Mr? cause he was just handed this case so I am continuing it until 2:30 to try get dispatcher.Should of been dismissed??
Criminal Defense Law Answers
Although I do not practice law in the State of California, here are my initial impressions. It sounds like the judge simply continued the matter to allow the DA more time to prepare. Therefore, all that there would be to appeal at this point is the judge's ruling on a continuance, rather than a substantive ruling on the motion. In any event, your remedy would be to take an interloculatory appeal of the judge's ruling. Basically, anytime there is a pre-trial ruling that would affect the outcome of the case, a party can appeal that ruling before the case proceeds forward. You should discuss these matters with the attorney who is defending you in this case. Good luck.
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