When prosecutor does not file brief when specified by.

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When prosecutor does not file brief when specified by.

The prosectuor was given an extension to file their brief which was 4-15-09 and still have not turned it in what happens next

Asked on May 23, 2009 under Criminal Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

That's going to be up to the judge.  I really can't be any more specific, without knowing the facts of your case, how old it is and how far along, and exactly what the brief is for.  You should talk to a criminal defense lawyer about this, if you don't already have one.  One place to look for qualified counsel is our website, http://attorneypages.com

Sometimes, it doesn't matter, because the judge doesn't do anything about it;  at the other extreme, the judge can, under some special circumstances, refuse to accept the brief and make the prosecution do without it.  At the very least, I would expect that any time limit on your response would be extended by as long as the prosecutor's brief is late.

You also have a right to a speedy trial, under the U.S. Constitution, but in most states that has to be requested in writing and there are specific rules about that, which ordinarily means you need a lawyer to make that work for you.


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