Stay of Proceeding a month before a three-wee trial was scheduled, is it just?

[Crystalmeth0d]

A person is charged with multiple drug-related charges in a case that lasted 3 years of court procedure, arguments, preliminary hearing, several application submissions, disclosure requests, appearing to several hearings to build a defence to avoid 5 years of potential federal imprisonments if found convicted..etc. A three-week trial was set one year in advance. However, upon disclosure request, the prosecutor decided not to proceed with the matter and asked to deal with the charges in court.
In court, the prosecutor asked for stay of proceeding just a month before trial date. can anyone let me know what kind of rights/remedies does the defence have? Also the financial, mental, and physical damages that the defence had to endure for 3 years to prepare his not guilty plea trial.

Thanks

 

[quincy]

What is the name of your state? Or, if not in the US, what is the name of your country?

 

[Crystalmeth0d]

IL

 

[quincy]

IL

If the court has already approved a continuance, there is not much the defense can do.

Do you have an attorney?

 

[Crystalmeth0d]

This question is coming from a self-represented litigant as to whether it is fair and just to have the matter stayed a month before a three-week trial that was set over a year prior in a case that lasted 3 years. I mean, thinking of the amount of damages to the defence during said period, is there any remedy or rights to have defence somehow compensated?

 

[quincy]

This question is coming from a self-represented litigant as to whether it is fair and just to have the matter stayed a month before a three-week trial that was set over a year prior in a case that lasted 3 years. I mean, thinking of the amount of damages to the defence during said period, is there any remedy or rights to have defence somehow compensated?

The defense could have objected to the continuance at the time. Depending on the reasons given for the delay, however, the judge probably would have granted it anyway.

It is too bad the defendant doesn’t have an attorney.

 

[Taxing Matters]

In court, the prosecutor asked for stay of proceeding just a month before trial date. can anyone let me know what kind of rights/remedies does the defence have? Also the financial, mental, and physical damages that the defence had to endure for 3 years to prepare his not guilty plea trial.

The defendant could have objected to the continuance and insist on his right to a speedy trial. Did he make a timely objection? If he didn't object then he might be stuck with it. If he did object, then whether the court properly granted the continuance is not something I could tell you because I'm not familiar with the procedural history of the case nor have I reviewed the motion for continuance and whatever objection the defendant made. If the defendant is thinking that granting a continuance just a month before trial is automatically a violation of his rights or automatically improper/unfair then he is mistaken. There may be good reasons for the continuance. I've seen continuances granted even as late as the eve of the trial. The particular details of the case and the reason for the continuance matter a lot.

 

[quincy]

Sometimes it is not just one of the parties who requests a continuance but the judge who adjusts the scheduling of a trial for one reason or another.

If the defendant does not have an attorney due to indigence, the defendant can apply for a public defender now.

 

[cbg]

I will also point out that "fair" and "just" are subjective terms.

 

[quincy]

Crystalmeth0d, you (or the person you are writing about) is not sitting in jail awaiting trial, is s/he?

 

[Just Blue]

This question is coming from a self-represented litigant as to whether it is fair and just to have the matter stayed a month before a three-week trial that was set over a year prior in a case that lasted 3 years. I mean, thinking of the amount of damages to the defence during said period, is there any remedy or rights to have defence somehow compensated?

What is the reason for the defendant not having an attorney? Who are you in this situation?

 

[Mass_Shyster]

This question is coming from a self-represented litigant as to whether it is fair and just to have the matter stayed a month before a three-week trial that was set over a year prior in a case that lasted 3 years. I mean, thinking of the amount of damages to the defence during said period, is there any remedy or rights to have defence somehow compensated?

What damages did the defendant suffer during said period?

 

[quincy]

What damages did the defendant suffer during said period?

Loss of revenue from drug sales?

 

[Just Blue]

Loss of revenue from drug sales?

lol...
I can't believe you said that Q. You devil, you!!

 

[quincy]

A person is charged with multiple drug-related charges ... the financial, mental, and physical damages that the defence had to endure for 3 years to prepare his not guilty plea trial. ...

With “multiple drug-related charges” pending, it could be difficult trying to sustain a not guilty plea over time.

I hope Crystalmeth (or friend) is seeking treatment.