If my son’s court date keeps getting postponed, what can he do?

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If my son’s court date keeps getting postponed, what can he do?

My son has a DUI arrest in another state. This occurred 9 months ago. His court date keeps getting postponed. He’s lost his job and his license. How long can this go on; he needs to move on? He refused the breathalizer test; he received his first DUI 4 years ago.

Asked on September 7, 2012 under Criminal Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Depending on the caseload of the court where his case is pending, it can take anywhere from six months to two years for any given criminal case to reach final resolution.  Many states, however, do recognize the right to speedy trial.  If he wants to try to expedite his case, he should file a motion for speedy trial.  However, before invoking this right, he should make sure that he is ready for a trial.  Many defendants invoke this and then balk when they are actually set asking for more time to hire an attorney--- judges are less receptive to continuances after a motion for speedy trial. 


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