How many times can the state postpone a trial?

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How many times can the state postpone a trial?

My cousin was indicted on first degree murder charges in 09/09. He was suppose to go on trial 10/10 and since then the state has postponed his trial 5 times. He is suppose to go on trial 05/02/11 and the state is again talking about postponing it because the prosecutor won’t be able to make it. His whole case is political and the state has no evidence against him. What should we do?

Asked on April 14, 2011 under Criminal Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

I am assuming that you have an attorney in all of this, correct?  And what does he or she suggest here?  Every state has a procedural law and the laws govern the amount of time a prosecutor has to bring a case to trial, etc. There are procedural motions that are made regarding this.  Your cousin has a right to a speedy trial and the prosecutor's office has more than one attorney, correct?  Then you need to look in to this motion.  Also, if you feel that there is any bias maybe you can ask for certain parties to recuse themselves from the proceeding. It is hard to give any guidance without knowing the procedural history here buy at least it is a starting point.  Good luck.


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