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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 11-18-2005, 04:52 AM
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What advantages by delaying trial?


What is the name of your state? Washington

Why would someone delay trial for 3 years? I saw it in the paper.
  #2  
Old 11-18-2005, 07:08 AM
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Quote:
Originally Posted by NewToCourt
Why would someone delay trial for 3 years? I saw it in the paper.
Lots of reasons. What did the paper say??
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 11-18-2005, 02:49 PM
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This particular case was a child molestation case. He was found guilty. With the evidence they had and his really lousy defense he didn't stand a chance. Why they let him out on OR or even on bail is beyond me. I thought they would consider damning evidence as part of the bail/bond. This guy was a real nut.

I have stumbled onto some other cases mentioned where it seems that the prosecution manipulates the system to cause the need for continuances by the defense. Example : wait for trial to be 2 weeks away and drop more evidence, witnesses, add charges etc... It was insinuated that the idea was for the prosecution to irritate a confession or plea deal out of someone by making life very difficult for a long period of time. Example : release conditions for a doctor would include not being able to practice causing severe financial loss and more. When the sentence may be no more than 6 months and it may take a year or more to go to trial.... No wonder Martha Stuart did what she did. Our legal system seems flawed when someone can be denied speedy trial rights by this loophole. Technically I believe witholding evidence this way is illegal... Isn't it?

However besides the prosecutions methods for screwing with defendants - I also saw a defense attorney requesting a continuance assure that the motives where legitimate and that nothing illegal was going on. What was that about? Also the judge mentioned that thats what attorney's like to do is delay trial. The judge seemed rather annoyed. Perhaps the defense could have been wanting to delay it because the prosecution was indeed doing like I mentioned earlier, but clearly in the other case after three years they would have had full discovery... wouldn't they? what tactic would it be for delaying a trial like that for so long?

I have already thought of one tactic. If the accuser was terminally ill they could try to push it back until they kicked the bucket and walk away because they couldn't face their accuser. But this situation would be very uncommon unless the person prey's on terminally ill. hmmmm, that sounds familiar.

I also would like to know what the 24 hour rule is. I have seen it asked a few times. I think during arraignments. The judge would ask the defense if they would like to exercise their 24 hour rule? something like that.

Sum up : Why would defense want to delay trial? what illegal thing could this be? what can be done about prosecution witholding evidence and delaying trial? What is the 24 hour rule?
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