How many times can a criminal court case be continued before they dismiss the charges

[nv54]

Kansas, USA.

Thank you community in advance for any information or direction you can provide. I have filed for five continuances in my court case. I have yet to receive documentation of my blood test results in this matter since the supposed infraction in September of 2012. I have found that the DUI laws in my state drastically changed this year and also vary greatly from state to state. If anyone has information on a time or continuence limition in my state, I would greatly appreciate it. Also, the right to a speedy trial has come to my attention, but in the concerns of a DUI case, I am unsure of this time limit as well. I have contacted numerous lawyers, but they have requested a large retaining before exaniming my case or providing information on the limitations. Please do request for more information if I have not provided necessary information that would help resolve my questioning. Thank you again.

 

[justalayman]

why are you filing for continuances? If they do not have the evidence to convict you, it would seem to be in your best interest to allow this to go to court or seek a dismissal of charges due to lack of evidence or, if tried, to shoot for "not guilty" due to lack of evidence.


and have you filed a motion for discovery to be provided the results of the test or are you just setting around waiting for them to be sent to you?


what is the specific code section you are charged with?

 

[nv54]

Reply...

Thank you sir. I had a lawyer up until I could no longer afford the service(last month). I have had the continuances filed per his advice. He did file for a motion for discovery and from what I was told by him in letter and in person is the blood work from the KBI has not been sent to the police, lawyer, or to myself. I do agree with your advice and will look up the code in my paperwork asap. Thank you again for your help and any other advice you have is greatly appreciated!

 

[nv54]

code or statute

I did find that the stature is very hard to read on the report. I believe it reads 8-1567.

 

[You Are Guilty]

Thank you sir. I had a lawyer up until I could no longer afford the service(last month). I have had the continuances filed per his advice. He did file for a motion for discovery

Do you have a copy of this motion in your possession? If not, I suggest you speak (and write) to your former attorney immediately requesting a copy of it, and any other papers he drafted on behalf of your case (you are entitled to a set, even if he is no longer your attorney).

You need to know what, if anything, was in this motion, and when it was supposedly filed.

 

[nv54]

thank you sir I will do this immeditely and post my findings.

 

[OHRoadwarrior]

Regarding your right to a speedy trial...

It appears the state has been ready to go to court. You are the one holding up the speediness of the trial.

 

[Ohiogal]

Any continuances requested by you TOLL the time for speedy trial.

 

[nv54]

okay..thank you all. i was able to obtain a new lawyer today and did receive notification that a blood test was done and should have the results in a few days. in the courts hands at this point. thank you all for your help. much appreciated.

 

[HomeGuru]

Good luck to you.

 

[robertreck19]

Well, it really depends on the state. You really need an attorneys opinion for this so that they can help you with your case.

 

[davew128]

Well, it really depends on the state. You really need an attorneys opinion for this so that they can help you with your case.

Thank you Captain Obvious.