Trial was delayed 3 MONTHS because my court appointed lawyer was sick?!

[cg1990]

I believe the DA wants to delay this as long as possible because in MA State Police cases currently BAC tests are non-admissible, that may change soon. Regardless, is there a way to demand an earlier, more reasonable trial date?

 

[Zigner]

I believe the DA wants to delay this as long as possible because in MA State Police cases currently BAC tests are non-admissible, that may change soon. Regardless, is there a way to demand an earlier, more reasonable trial date?

That's a great question for your attorney.

 

[quincy]

I believe the DA wants to delay this as long as possible because in MA State Police cases currently BAC tests are non-admissible, that may change soon. Regardless, is there a way to demand an earlier, more reasonable trial date?

If your attorney is ill and needs a delay, the court is going to allow it.

You can request of the court a new court-appointed attorney.

The DA and your court-appointed attorney are not working together to delay your case.

 

[cg1990]

If your attorney is ill and needs a delay, the court is going to allow it.

You can request of the court a new court-appointed attorney.

The DA and your court-appointed attorney are not working together to delay your case.

Obviously the DA and my lawyer aren't working together.....if you're not going to address my initial question then don't bother replying at all, thanks.

 

[Zigner]

Obviously the DA and my lawyer aren't working together.....if you're not going to address my initial question then don't bother replying at all, thanks.

Being a jerk isn't the way to get help. Go talk to your attorney.

 

[quincy]

Obviously the DA and my lawyer aren't working together.....if you're not going to address my initial question then don't bother replying at all, thanks.

You said in your thread title that your court appointed attorney is ill and has delayed your case for "3 MONTHS." You then said in your post that you believe the DA is delaying your hearing.

They are not in cahoots.

If you want the court to appoint a new public defender to take over your case from your ill public defender, you can request of the court a replacement. Your request may or may not be granted.

Be nice, please. Thanks.

 

[Mass_Shyster]

I know of one court that routinely schedules jury trials three months out. So if you showed up today for trial, and your lawyer was sick, the court would have simply rescheduled for the next available date.

 

[quincy]

I know of one court that routinely schedules jury trials three months out. So if you showed up today for trial, and your lawyer was sick, the court would have simply rescheduled for the next available date.

It really isn't all that unusual in any court for a continuance to be granted for a good cause like illness.

And it tends to be better for you and your case if your attorney is not in court feverish, vomiting, contagious, or needing an appendectomy.

 

[HighwayMan]

In any court system I have ever dealt with a 3 month delay is minor.

 

[Just Blue]

It really isn't all that unusual in any court for a continuance to be granted for a good cause like illness.

And it tends to be better for you and your case if your attorney is not in court feverish, vomiting, contagious, or needing an appendectomy.

You forgot bleeding out of various orifices and suffering from hallucinations.

 

[quincy]

You forgot bleeding out of various orifices and suffering from hallucinations.

That might make for a more interesting and memorable court experience for everyone involved ... but it probably wouldn't help with one's defense in a Drunk Driving/DUI/DWI case.

 

[Taxing Matters]

I know of one court that routinely schedules jury trials three months out. So if you showed up today for trial, and your lawyer was sick, the court would have simply rescheduled for the next available date.

Exactly. Judges have a lot of cases and trials are already set on the calendar several months out. If a lawyer for one party is sick on the scheduled day of trial and needs a continuance, one will be granted but it's unlikely the court will be able to schedule it the next day or even the next week as the schedules is already full for weeks ahead. It's not the lawyer's fault he or she was sick, and the lawyer cannot control what the next available trial date is. Nor does the DA set the trial schedule — the court does. And you definitely wouldn't want your lawyer to try the case while sick. There isn't a conspiracy here to hold up your case until the testing issue is resolved. Sometimes things just happen and cases get delayed. It happens a lot.

 

[Taxing Matters]

That might make for a more interesting and memorable court experience for everyone involved

Well, the lawyer having those problems likely would agree it was memorable, but probably would not describe it as interesting; horrifying might be closer to the lawyer's feelings about it.

... but it probably wouldn't help with one's defense in a Drunk Driving/DUI/DWI case.

Not at all. You want your lawyer at peak performance to make the best case possible. Better to continue the case and do the trial a bit later when the lawyer is fit and ready to go.[/QUOTE]

 

[quincy]

Well, the lawyer having those problems likely would agree it was memorable, but probably would not describe it as interesting; horrifying might be closer to the lawyer's feelings about it.

It could certainly make the attorney's recounting of his "day at the office" more interesting to those forced to listen. Eyes are not as likely to glaze over.

 

[not2cleverRed]

I believe the DA wants to delay this as long as possible because in MA State Police cases currently BAC tests are non-admissible, that may change soon. Regardless, is there a way to demand an earlier, more reasonable trial date?

The reason those BAC tests are currently inadmissible is because there are concerns about the accuracy of machines, particularly 2011 - Feb 2017.
If that changes, it will be because it has been determined that the recorded BACs are accurate, and the change will affect only those arrested based on accurate BACs. If you were arrested before the changes/improvements in accuracy were made, then the BAC is still of questionable accuracy, and no changes in policy will change that.

Your concern about the admissibility of the BAC, and DA delaying tactics, is misplaced.

Hopefully you have acted proactively to address your problem. If not, you still have time to do so before your next court date.