When prosecutor does not file brief when specified by.

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption