View Full Version : How many times can a trial be continued/postponed in Wa??


flamered
10-21-2005, 12:41 PM
I just went to the Wa courts site to see whats up with my mans case & found out that it is being continued/postponed until the end of November. He was suppose to start trial on tuesday.

When he was arrested in august he was suppose to go to trial on 8/30, then 10/11, then 10/25, & now 11/29.

This is getting ridiculous.... I was going to go up to get his property & go to the trial on tuesday.

I just talked to my man last night & he didnt mention anything about trial date being changed.... It was changed in court last friday & he was there......

So i ask how much long can they put this off???

cassina1212
10-21-2005, 05:00 PM
Hi Flamered, from personal experience with King county courts myself i know that they do things on there own time and when the feel like it. it does sound like they are dening his right to a speedy trial. i know that in my own case i was in county for 6 months before i was even offered a deal by the DA. What has his attorney said regarding this?
Cass

JJT
10-21-2005, 08:20 PM
There is a constitutional limit to how long they can postpone trial. I forget how long it is. You guy needs to find out, and then file with the courts that he does not waive his constitutional right for a fair trial, if it is getting close to the limit.

The right to a speedy trial is the 6th Amendment.

JJT

flamered
10-21-2005, 11:48 PM
He is in Island county.... & from my experience they move a little slower than the rest....

He says that they are waiting on the prosecutor for something.....

I had feeling that there was a limit... i still dont know what it is yet....

Thanks for the advice.....

TJR
10-22-2005, 08:57 AM
Flammered- try this link for some info: http://www.lawyers.com/lawyers/A~1020286~LDS/Criminal+Process+in+Washington+State.html

In part, it says:
Speedy Trial

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.

This right can be waived by asking for additional time for the preparation of your defense.

Speedy Trial rights in Washington
With limited exceptions, a defendant should be brought to trial in Washington:
60 days if the defendant is detained in jail
90 days if the defendant is not in jail
If the defendant has been released from jail before the 60-day time limit has expired, the limited is extended to 90 days