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How many times and for how long can a case be postponed?
Anonymous5 views4 answers
My son, age 19, was arrested for a DUI. He chose to go to trial instead of pleading guilty. This happened in January and scheduled for trial in March. In March the policeman couldn't attend so it was postponed until July, In July another prosecution witness could make it so it was postponed until October. In October there were too many cases that day so it was again postponed until December. In the meantime, my son has been without a license and unable to attend school or work more than walking distance from our home. How long can or should this go on and can his attorney do anything about this?
The process can be very long and frustrating. Due to court congestion and the unavailability of witnesses, it is very common to see cases continued multiple times. Your son's attorney should be objecting to the continuances. A simple "please note my objection for the record" is adequate; I wouldn't expect him to be argumentative. Very often, there is not much the attorney can do. Usually, the Court will agree to dismiss a case if it goes on too long. If the objections are properly noted, the case should be dismissed after one year. Good luck.
The attorney should be objecting each time a continuance requested by the prosecution. Not much your son can do now about the December court date, but if December rolls around and yet another continuance is requested, your son's lawyer should be strongly pushing for dismissal of the charges. In the alternative, if you son wishes to tender a change of plea and, assuming this is a 1st offense OUI, take the CWOF (which is not a conviction or the same as pleading "guilty") and 24D program, he can get a hardship license within 3 days of enrolling in the 24D program. Defendants who really need their license back will sometimes plea out a triable case, just to get some sort of license sooner.
Eric SchutzbankFamily Law AttorneyNorth Andover, MA ·
I appreciate how frustrating the criminal court process can be. The first two answers are correct in that your son's attorney should be objecting to all continuances for the record. The attorney can also request that the case be marked no further continuances for the Commonwealth. This will not prevent continuances resulting from an overcrowded court docket. It will permit your son's attorney to request a dismissal if the Commonwealth moves for another continuance. As your son is under the age of 21, he has a longer license suspension because he is not legally able to drink alcohol. That is one of the few circumstances that is not effected by an early plea.
It is not uncommon for cases to go on for many months, but it sounds like someone is asleep at the switch here. Your lawyer should be asking that the case be dismissed and if not, then marked "No More Continuances" which most judges will oblige. You are basicly stuck between now and your next date, but if the prosecution requests another continuance, for any reason what-so-ever, ask your lawyer to strenuously request that the case be dismissed (assuming that you and he/she are ready for trial) and if the judge does not dismiss it, then ask that he/she mark it for No More Continuances.
