When does a continuance violatespeedy trial rights?

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When does a continuance violatespeedy trial rights?

On 09/25/10 I was arrested for being under the influence of narcotics after agreeing to give a urine sample.  However I was not able to give the amount required for the test so I was forced to give a blood sample. After that I was booked and released on a promise to appear on 10/19/10 to be arraigned on the charges. Iwent to court and my name was not on the roster so I went to the clerk to ask why and was told that the DA asked for a continence. I was then given a new promise to appear for 12/14/10. No reason was given to me so I called the DA and was told they didn’t have the test results yet.

Asked on October 21, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is best answered by a criminal defense attorney in your state.  Every state has criminal procedure laws and every state has rules that the prosecution must bring indictments (formal charges) within a certain amount of time (the time that the charges are presented to a grand jury) or if charges are brought already then the time within which the prosecution must be ready to proceed or the matter is dismissed.  Generally, defendants are given way more latitude than prosecutors.  By that I mean that the time to prosecute is not charged to a defendant when the defendant asks for an adjournment only if the prosecutor asks for the time. So seek help from your attorney.  Good luck. 


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