how many times can the court postpone your court date, in the state of maine

Asked on June 16, 2009 under Criminal Law, Maine

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general rule is that continuances are fairly common in the criminal justice process.  However, you do have a constitutional right to a speedy trial.  Therefore, if the continuances have been granted at the request of the state/prosecution, you may have a basis for filing a speedy trial motion.  If the defense files a speedy trial motion and the case is not brought to trial within a relatively short period of time, it can be a basis to dismiss the criminal charges.  This issue gets tricky, however, when calculating exactly how many days apply towards the consideration of the speedy trial motion and the subsequent motion to dismiss.  Therefore, I recommend that you discuss this matter with a criminal defense attorney to determine whether, in your particular case, the prosecution's delay may provide a basis for dismissal of the criminal charges.


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