can the district attorney without informing me or my public defender file a motion with the court to postpone the preliminary hearing. After postponing it 6 times prior to that. My public defender wrote me a letter informing me that this took place without input from him and was out of his hands.the motion was granted by the court. Hows is this possible? THANK YOU
2 Answers from Attorneys
One party does not need the others permission to file a motion to continue. However you have a right to have your matter heard within certain parameters unless you do what is known as waiving time. If you do not waive time than there is a limit as to how long a continuance one can get. Would need more information to give you a better answer.
The court may have continued the preliminary hearing, but without input from you and your attorney, I doubt that you waived time or any speedy trial rights.
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